Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 11, 1988 and adjourned Monday, March 7, 1988, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1988 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 11, 1988 through February 24, 1988. Volume II contains February 25, 1988 through March 7, 1988 regular session.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 11, 1988 and adjourned Monday, March 7, 1988
VOLUME I
1988 Atlanta, Ga.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1987-1988
THOMAS B. MURPHY .......................................................................Speaker
18th DISTRICT, HARALSON COUNTY
JACK CONNELL.................................................................Speaker Pro Tern
87th DISTRICT, RICHMOND COUNTY
GLENN W.ELLARD................................................................................Clerk
HABERSHAM COUNTY
L. G.GILSTRAP.......................................................................Assistant Clerk
HALL COUNTY
AMELIA SMITH......................................................................Assistant Clerk
FULTON COUNTY
ELMOREC. THRASH.....................................................................Messenger
LOWNDES COUNTY
BEN JESSUP...................................................................................Doorkeeper
BLECKLEY COUNTY
EDWARD C. MOSES...........................................................Sergeant-at-Arms
MONTGOMERY COUNTY

MONDAY, JANUARY 11, 1988
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 11, 1988

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 members answered to their names:

Aaron Adams.G Adams,M
Aiken
Alford
Alien Athon Atkins Bailey Balkcom Bannister
Bargeron
Harriett.B Barnett,M Beck Benefield Benn Birdsong Bishop Bostick
Branch
Brooks Brown Buck
Buford Byrd Carrell Carter Chambless Chance Cheeks Childers
Clark.B Clark.H
Clark.L

Colbert Coleman Colwell Connell Couch
Cox Crawford
Crosby
Cummings,B Cummmgs,M Davis.M Dixon Dobbs Dover Dunn Edwards Felton Floyd Foster Galer God bee Goodwin Green
Greene
Greer Gresbam
Griffin
Groover Hamilton Hanner Harris Hasty Herbert Holcomb Holmes

Hooks Hudson Isakson Jackson,J Jackson.W Jamieson Johi.son.D John..on,R Kilgore Kingston Lane.D Lane,R Langford Lawrence Lawson Lee Linder Long
Lord
Lucas Lupton Mangum
Martin
McCoy
McDonald
McKelvey
McKinney
Meadows
Milam
Milford
Mobley
Moody
Moore
Morton

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

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

Prayer was offered by the Reverend Ronald Jackson, Pastor, First Baptist Church, Bremen, Georgia.

The following communications were received:

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334

2 Memorandum

JOURNAL OF THE HOUSE,

To:

HOUSE, SENATE AND SECRETARY OF STATE

From: RUSTY SEWELL

Subject: LINE ITEM VETO, HOUSE BILL 225, ACT NO. 46

Date: FEBRUARY 24, 1987

Please be advised that Governor Harris has line item vetoed Section 66, Paragraph 2, Page 89; Section 81, Page 98 in its entirety and Section 85, Page 100 in its entirety of House Bill 225, Act No. 46.
/ch Attachment

Memorandum

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334

To:

HOUSE, SENATE AND SECRETARY OF STATE

From: RUSTY SEWELL

Subject: LINE ITEM VETO, HOUSE BILL 226, ACT NO. 796

Date: APRIL 20, 1987

Please be advised that Governor Harris has line item vetoed Section 68, Page 73 and Section 72, Page 76 of House Bill 226, Act No. 796.
/ch Attachment
State of Georgia Office of the Governor
Atlanta 30334
May 11, 1987
Honorable Thomas B. Murphy Speaker of the House of
Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 165, 197, 243, 347, 810 and 935 which were passed by the General Assembly of Georgia at the 1987 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris

MONDAY, JANUARY 11, 1988

3

JFH/rsh Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Frank Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

VETO NO. 3 - HOUSE BILL 165
This bill related to the filling of vacancies in party nominations caused by the death or resignation of candidates. The contents of this bill were combined with House Bill 185 relating to the same subject matter. Therefore, since this language was contained in another bill, I vetoed House Bill 165.
VETO NO. 4 - HOUSE BILL 935
This bill was a local piece of legislation amending an Act implementing the Brunswick/Glynn County Development Authority. After passage, a technical error was found in this legislation and another local bill was passed and signed into law. Therefore, House Bill 935 was vetoed at the request of the author.
VETO NO. 5 - HOUSE BILL 197
In its original form, this legislation amended the law regarding the sale and distribution of harmful materials to minors so as to define the term "aggravated violence". The legislation was later amended to delete from existing law legislation passed a few years ago which made it unlawful to display certain materials in the view of minors.
The display provisions of the existing law are now part of a court challenge which is before the United States Court of Appeals, Eleventh Circuit. The Attorney General's office has advised me that there is a good chance of upholding the constitutionality of the existing law. In order for the courts to properly review the existing law, I vetoed this legislation.
VETO NO. 6 - HOUSE BILL 347
This bill would have provided for free motor vehicle license plates for certain individuals, in particular, members of the State Defense Force. While I am thankful for the voluntary assistance the members of the State Defense Force have given our State, I do not believe that we can afford the approximate $1 million loss in revenue to the State that this bill would create. Additionally, we could be starting a precedent of giving specific groups free license plates. Therefore, I vetoed this legislation.
VETO NO. 7 - HOUSE BILL 243
This bill amended the Metropolitan Atlanta Rapid Transit Authority Act so as to provide for the use of the Authority's available revenue to design and construct certain rapid transit projects beyond Phase A, B and C of the Rapid Transit System. At the request of the author, and in order for the bill to be given further study, this legislation was vetoed.
VETO NO. 8 - SENATE BILL 33
This bill in its original form provided criminal misdemeanor penalties for transporting garbage, trash, waste or refuse across state or county boundaries for the purpose of depositing the material in a publicly or privately owned dump without the permission of the governing authority of the county where the dump is located and the governing authority where the material is collected. This legislation was amended to provide that it is illegal not only to take the material to a publicly or privately owned dump, but also to a landfill

4

JOURNAL OF THE HOUSE,

or sanitary landfill. Landfills and sanitary landfills are approved by the Department of Natural Resources and the counties where they are located. While it is justifiable that some control be placed on the indiscriminate dumping of trash in another county, I do not believe it would be practical or feasible to put limits on the transportation of garbage to an approved publicly or privately owned landfill or sanitary landfill. For these reasons, I vetoed this legislation.
VETO NO. 9 - HOUSE BILL 810
House Bill 810 provides that the Stone Mountain Memorial Association may obtain a license to sell alcoholic beverages for consumption on property operated or controlled by the Association.
Under present law, the Association may sell alcoholic beverages only at motels, inns and convention centers within the park. This bill would authorize the sale of alcoholic beverages by the Association at special events and in additional areas within the park, such as on the golf course.
I believe that the Association was seeking a logical expansion of its convention services and catering options and was not intending to seek approval to sell alcoholic beverages at every event or in every area within the park. However, the wording of this legislation could lead to an overly broad and troublesome interpretation. The potential for abuse has created a great deal of public concern, especially amoung families desiring to use the park.
Stricter language to clarify the intent of the Association to expand its services in the convention and special events areas would be desirable in order to alleviate the public concern which has been brought to my attention. I am therefore vetoing the bill because of its broad nature.

State of Georgia Office of the Governor
Atlanta 30334
May 11, 1987
Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 33, 170 and 177 which were passed by the General Assembly of Georgia at the 1987 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris
JFH/rsh Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Frank Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General

MONDAY, JANUARY 11, 1988

5

Honorable Max Cleland, Secretary of State

VETO NO. 1 - SENATE BILL 177
This legislation prohibits any refiner, producer or manufacturer of automotive gasoline from opening or operating a gas station for retail gasoline sales in Georgia after January 1, 1989. The bill also prohibits a wholesale gasoline distributor from allocating or limiting the amount of gasoline sold to a retail business, except for the reason of creditworthiness.
This legislation is similar to a bill passed in the 1984 Session of the General Assembly which I vetoed. In my message at that time, I explained that while I was sympathetic to the needs and concerns of the small businessmen in this State, I did not feel that governmental involvement of this nature was the answer. I still believe this. As a former small businessman, I am extremely aware of the problems in dealing with large corporations. However, these problems must be worked out in the marketplace and not by governmental intervention to restrict parties from doing business in this State. Our State has a probusiness image, and for the continued economic vitality of the State, we must take care to protect that image.
Therefore, for the aforestated reasons, I vetoed this bill.
VETO NO. 2 - SENATE BILL 170
This bill would have changed the 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 effective date of the bill was amended to provide that the legislation would have become effective July 1, 1986. The backdating of the effective date could have made this procedure effective to vacancies which occurred in these offices after July 1, 1986, but that had been filled under the old procedure. Because of the error involving the effective date, this bill was vetoed at the request of the author.

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the death of Honorable Peggy Childs, the member of the House, District 53; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and

WHEREAS:

Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issuance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 53, be and the same is hereby issued to the Secretary of State.

6

JOURNAL OF THE HOUSE,

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 53, shall be held on the 1st day of September, 1987, pursuant to the Constitution and Laws of the State of Georgia.

This 17th day of July, 1987.

/s/ Joe Frank Harris GOVERNOR

ATTEST:

/a/ Tom Lewis SENIOR EXECUTIVE ASSISTANT

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334

To be published in Atlanta Journal-Constitution on July 21, 1987
LEGAL NOTICE
NOTICE OF CALL
Notice is hereby given that a Special Election will be held in a portion of DeKalb County on September 1, 1987 to fill a vacancy which now exists in the House of Representatives of the General Assembly of Georgia, District 53, due to the death of Mrs. Mobley (Peggy) Childs.
Candidates may qualify in the Elections Division of the Secretary of State's office, Room 110, State Capitol, Atlanta, Georgia, no earlier than 8:00 A.M. on July 22, 1987 and no later than 4:30 P.M., close of business, on July 31, 1987. If no candidate wins a majority of the votes cast in the Special Election, a Special Runoff Election will be held on September 22, 1987.
The qualifying fee will be $400. In lieu of the fee, an eligible candidate may qualify by filing a pauper's affidavit.
Prospective voters may register through the close of business on July 27, 1987, and be eligible to vote in this Special Election.
/s/ MAX CLELAND Secretary of State

The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
September 25, 1987

MONDAY, JANUARY 11, 1988

Dear Mr. Ellard:
I am transmitting herewith the name of the Representative elected in the September 22, 1987 Special Runoff Election for the office of State Representative in the General Assembly of Georgia from District 53, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:FSD:bt Enclosure

State of Georgia Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 1st day of Sep tember, 1987 in District 53 of the State House of Representatives, in a portion of DeKalb County, to fill the vacancy existing due to the death of Mrs. Mobley (Peggy) Childs, show the following results:
Mobley F. Childs -------------------- 293 Cliffe Lane Gort-------------------- 337 Mary Margaret Oliver ---------------------- 2042 Gale WaUdorff.------------------------ 1518

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on September 22, 1987 and the consolidated returns on file in this office show the following results:
Mary Margaret Oliver ---------------------- 2427 Gale WaUdorff---------------------- 1745

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 25th day of September, 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 Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.

JOURNAL OF THE HOUSE,

So help me God.
/s/ Mary Margaret Oliver State Representative
Sworn to and subscribed before me, this 8th day of October, 1987.
Is/ Clarence Peeler, Jr. Judge

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the death of Honorable L. L. (Pete) Phillips, the member of the House, District 120; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and

WHEREAS:

Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issu ance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representa tives, District 120, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa tives from District 120, shall be held on the 22nd day of September, 1987, pursuant to the Constitution and Laws of the State of Georgia.

This 6th day of August, 1987.

/s/ Joe Frank Harris GOVERNOR

ATTEST:

/s/ Tom Lewis SENIOR EXECUTIVE ASSISTANT

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334

MONDAY, JANUARY 11, 1988

9

To be published in Atlanta Journal-Constitution on August 10, 1987
LEGAL NOTICE
NOTICE OF CALL
Notice is hereby given that a Special Election will be held in the counties of Montgomery, Treutlen, Wheeler, and a portion of Toombs County on September 22, 1987 to fill a vacancy which now exists in the House of Representatives of the General Assembly of Georgia, District 120, due to the death of the Honorable L. L. (Pete) Phillips.
Candidates may qualify in the Elections Division of the Secretary of State's office, Room 110, State Capitol, Atlanta, Georgia, no earlier than 8:00 A.M. on August 12, 1987 and no later than 4:30 P.M., close of business, on August 21, 1987. If no candidate wins a majority of the votes cast in the Special Election, a Special Runoff Election will be held on October 13, 1987.
The qualifying fee will be $400. In lieu of the fee, an eligible candidate may qualify by filing a pauper's affidavit.
Prospective voters may register through the close of business on August 17, 1987, and be eligible to vote in this Special Election.
/a/ MAX CLELAND Secretary of State

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
September 25, 1987
The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
I am transmitting herewith the name of the Representative elected in the September 22, 1987 Special Election for the office of State Representative in the General Assembly of Georgia from District 120, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:FSD:bt Enclosure

State of Georgia Office of Secretary of State
I Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 22nd day of

10

JOURNAL OF THE HOUSE,

September, 1987 in District 120 of the State House of Representatives, in the counties of Montgomery, Treutlen, Wheeler, and a portion of Toombs County, to fill the vacancy existing due to the death of the Honorable L.L. (Pete) Phillips, show the following results:

Mark Burns

Mrs. Pete (Mary Ida) Phillips

Montgomery

700

408

Treutlen

208

979

Wheeler

66

252

Toombs (pt.)

190

563

Total

1164

2202

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 25th day of September, 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 Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Rep. Mary Ida Phillips State Representative
Sworn to and subscribed before me, this 8th day of Oct., 1987.
/s/ Geo. T. Smith Judge, Supreme Court of Ga.

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly by reason of the resignation of Honorable Bill Cooper, the member of the House, District 20; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and

WHEREAS: Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take

MONDAY, JANUARY 11, 1988

11

place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issu ance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representa tives, District 20, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa tives from District 20, shall be held on the 20th day of October, 1987, pursuant to the Constitution and Laws of the State of Georgia.

This 3rd day of September, 1987.

Is/ Joe Frank Harris GOVERNOR

ATTEST:

Isl Tom Lewis SENIOR EXECUTIVE OFFICER

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334

To be published in Atlanta Journal-Constitution on September 8, 1987
LEGAL NOTICE
NOTICE OF CALL
Notice is hereby given that a Special Election will be held in a portion of Cobb County on October 20, 1987 to fill a vacancy which now exists in the House of Representatives of the General Assembly of Georgia, District 20, Post 3, due to the resignation of the Honorable Bill Cooper.
Candidates may qualify in the Elections Division of the Secretary of State's office, Room 110, State Capitol, Atlanta, Georgia, no earlier than 8:00 A.M. on September 9, 1987 and no later than 4:30 P.M., close of business, on September 18, 1987. If no candidate wins a majority of the votes cast in the Special Election, a Special Runoff Election will be held on November 10, 1987.
The qualifying fee will be $400. In lieu of the fee, an eligible candidate may qualify by filing a pauper's affidavit.
Prospective voters may register through the close of business on September 14, 1987, and be eligible to vote in this Special Election.

12

JOURNAL OF THE HOUSE,

Is/ MAX CLELAND Secretary of State

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
November 13, 1987

The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
I am transmitting herewith the name of the Representative elected in the November 10, 1987 Special Runoff Election for the office of State Representative in the General Assembly of Georgia from District 20, Post 3, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, Is/ Max Cleland
Secretary of State
MC:FSD:bt Enclosure

State of Georgia Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 20th day of October, 1987 in District 20, Post 3 of the State House of Representatives, in a portion of Cobb County, to fill the vacancy existing due to the resignation of the Honorable Bill Cooper, show the following results:
Robert Bailey ---------------------- 190 Harry A. Bendiburg------------------------ 115 Herman Clark---------------------- 2630 R. L. Jacobs, Jr. -------------------- 509 Steve "Thunder" Tumlin ------------ 2167 Snyder Turner ---------------------- 2047
Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on November 10, 1987 and the consolidated returns on file in this office show the following results:
Herman Clark---------------------- 5338 Steve "Thunder" Tumlin ------------ 3649
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 13th day of November, in the year of our Lord One Thousand Nine Hundred and

MONDAY, JANUARY 11, 1988

13

(SEAL)

Eighty-seven and of the Independence of the United States of America the Two Hundred and Twelfth.
Is/ Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Herman Clark State Representative
Sworn to and subscribed before me, this 25th day of Nov., 1987.
/s/ G. Grant Brantley Judge, Cobb Superior Court

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General As sembly of Georgia by reason of the death of Honorable Forest Hays, Jr., the member of the House, District 1, Post 2; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and

WHEREAS:

Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issu ance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representa tives, District 1, Post 2, be and the same is hereby issued to the Secretary of State.

14

JOURNAL OF THE HOUSE,

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa tives from District 1, Post 2, shall be held on the 24th day of November, 1987, pursuant to the Constitution and Laws of the State of Georgia.

This 20th day of October, 1987.

/s/ Joe Frank Harris GOVERNOR

ATTEST:

/s/ Tom Lewis SENIOR EXECUTIVE ASSISTANT

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334

To be published in Atlanta Journal-Constitution on October 23, 1987
LEGAL NOTICE
NOTICE OF CALL
Notice is hereby given that a Special Election will be held in Dade County and a portion of Walker County on November 24, 1987 to fill the vacancy which now exists in the House of Representatives of the General Assembly of Georgia, District 1, Post 2, due to the death of the Honorable Forest Hays, Jr.
Candidates may qualify in the Elections Division of the Secretary of State's office, Room 110, State Capitol, Atlanta, Georgia, no earlier than 8:00 A.M. October 23, 1987 and no later than 4:30 P.M., close of business, on October 29, 1987. If no candidate wins a major ity of the votes cast in the Special Election, a Special Runoff Election will be held on December 15, 1987.
The qualifying fee will be $400. In lieu of the fee, an eligible candidate may qualify by filing a pauper's affidavit.
Prospective voters may register through the close of business on October 28, 1987, and be eligible to vote in this Special Election.
/s/ MAX CLELAND Secretary of State

The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
December 18, 1987

MONDAY, JANUARY 11, 1988

15

Dear Mr. Ellard:
I am transmitting herewith the name of the Representative elected in the December 15, 1987 Special Runoff Election for the office of State Representative in the General Assembly of Georgia from District 1, Post 2, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:FSD:bt Enclosure

State of Georgia Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 24th day of November, 1987 in District 1, Post 2 of the State House of Representatives, in a portion of Walker County and a portion of Dade County, to fill the vacancy existing due to the death of the Honorable Forest Hays, Jr., show the following results:

Andrew J. Isbell Robert H. (Bob) McCoy Louise Ramage Otting Ed Stec

Dade 17 44 10 63

Walker 1401 2091 928 1033

Total 1418 2135 938 1096

Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on December 15, 1987 and the consolidated returns on file in this office show the following results:

Andrew J. Isbell Robert H. (Bob) McCoy

Dade 30 94

Walker 1863 2865

Total 1893 2959

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 18th day of December, 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 Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that

16

JOURNAL OF THE HOUSE,

I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
fa/ Robert H. McCoy State Representative
Sworn to and subscribed before me, this 24th day of December, 1987.
1st Paul W. Painter Senior Judge, Superior Courts of Georgia

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Claude A. Bray, Jr., the member of the House, District 91; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and

WHEREAS:

Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issu ance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representa tives, District 91, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa tives from District 91, shall be held on the 15th day of December, 1987, pursuant to the Constitution and Laws of the State of Georgia.

This 4th day of November, 1987.

/s/ Joe Frank Harris GOVERNOR

ATTEST:

Isl Tom Lewis SENIOR EXECUTIVE ASSISTANT

MONDAY, JANUARY 11, 1988

17

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334

To be published in Atlanta Journal-Constitution on November 6, 1987
LEGAL NOTICE
NOTICE OF CALL
Notice is hereby given that a Special Election will be held in the counties of Meriwether, Talbot, and a portion of Coweta County on December 15, 1987 to fill the vacancy which now exists in the House of Representatives of the General Assembly of Georgia, District 91, due to the resignation of the Honorable Claude A. Bray, Jr.
Candidates may qualify in the Elections Division of the Secretary of State's office, Room 110, State Capitol, Atlanta, Georgia, no earlier than 8:00 A.M. November 9, 1987 and no later than 4:30 P.M., close of business, on November 18, 1987. If no candidate wins a majority of the votes cast in the Special Election, a Special Runoff Election will be held on January 5, 1988.
The qualifying fee will be $400. In lieu of the fee, an eligible candidate may qualify by filing a pauper's affidavit.
Unregistered voters may register through the close of business on November 12, 1987, and be eligible to vote in this Special Election.
Is/ MAX CLELAND Secretary of State

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
December 22, 1987
The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
I am transmitting herewith the name of the Representative elected in the December 15, 1987 Special Election for the office of State Representative in the General Assembly of Georgia from District 91, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /si Max Cleland
Secretary of State
MC:FSD:bt Enclosure

18

JOURNAL OF THE HOUSE,

State of Georgia Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 15th day of
December, 1987 in District 91 of the State House of Representatives, in the counties of Meriwether, Talbot and a portion of Coweta County, to fill the vacancy existing due to
the resignation of the Honorable Claude A. Bray, Jr., show the following results:

Leonard R. (Nookie) Meadows Jack Alien Todd

Meriwether 2720 1172

Talbot 978 125

Coweta 29 55

Total 3727 1352

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 22nd day of December, 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 Twelfth.

(SEAL)

As/ Max Cleland Secretary of State

OATH OP OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Leonard R. Meadows State Representative
Sworn to and subscribed before me, this 28th day of December, 1987.
/s/ John H. Land Judge, Superior Courts Chattahoochee Judicial Circuit

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the appointment to the Public Service Commission of the Honorable Cas Robinson, the member of the House of
Representatives, District 58; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may occur in the Senate and House of Representatives; and

MONDAY, JANUARY 11, 1988

19

WHEREAS:

Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issu ance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representa tives, District 58, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representa tives from District 58, shall be held on the 19th day of January, 1988, pursuant to the Constitution and Laws of the State of Georgia.

This 16th day of December, 1987.

/si Joe Frank Harris GOVERNOR

ATTEST:

Is/ Tom Lewis SENIOR EXECUTIVE OFFICER

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334

To be published in Atlanta Journal-Constitution on December 18, 1987
LEGAL NOTICE
NOTICE OF CALL
Notice is hereby given that a Special Election will be held in a portion of DeKalb County on January 19, 1988 to fill the vacancy which now exists in the House of Representatives of the General Assembly of Georgia, District 58, due to the resignation of the Honorable Cas Robinson.
Candidates may qualify in the Elections Division of the Secretary of State's office, Room 110, State Capitol, Atlanta, Georgia, no earlier than 8:00 A.M. December 18, 1987 and no later than 12:00 Noon, close of business, on December 23, 1987. If no candidate wins a majority of the votes cast in the Special Election, a Special Runoff Election will be held on February 2, 1988.
The qualifying fee will be $400. In lieu of the fee, an eligible candidate may qualify by filing a pauper's affidavit.

20

JOURNAL OF THE HOUSE,

M MAX CLELAND Secretary of State

House of Representatives Atlanta, Georgia

August 11, 1987

Mr. Paul Lynch Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334

Dear Paul:

Effective this date I am removing Representative Terry Coleman as Chairman of the House Public Safety Committee, and appointing him as Chairman of the House Natural Resources Committee. I am removing him as a member of the State Institutions & Prop
erty Committee, pursuant to his request.

TBM:lj

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Honorable Terry Coleman Mr. Frank Edwards, Legislative Counsel Mr. Glenn Ellard, Clerk of the House House Public Information Office

House of Representatives Atlanta, Georgia

August 11, 1987

Mr. Paul Lynch Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334

Dear Paul:

Effective this date I am appointing Representative Ralph Twiggs as Chairman of the House Public Safety Committee, and removing him as Vice Chairman of the House Game, Fish and Recreation Committee, but leaving him as a member. I am also removing him as a member of the House Transportation Committee, pursuant to his request.

TBM:lj

Sincerely, /si Thomas B. Murphy
Speaker

cc: Honorable Ralph Twiggs Mr. Frank Edwards, Legislative Counsel Mr. Glenn Ellard, Clerk of the House House Public Information Office

House of Representatives Atlanta, Georgia
October 22, 1987

MONDAY, JANUARY 11, 1988

21

Mr. Paul Lynch Fiscal Office 434 State Capitol Atlanta, Georgia 30334

Dear Paul:

Effective this date I am appointing Representative Mary Margaret Oliver to the following committees:

Industrial Relations Judiciary Transportation

TBM:aw

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Representative Mary Margaret Oliver Mr. Sewell Brumby, Legislative Counsel Mr. Glenn Ellard, Clerk of the House Representative Billy Milford Representative Charles Thomas Representative Tom Triplett

House of Representatives Atlanta, Georgia

October 22, 1987

Mr. Paul Lynch Fiscal Office 434 State Capitol Atlanta, Georgia 30334

Dear Paul:

Effective this date I am appointing Representative Mary Phillips to the following commit tees:

Health & Ecology Legislative & Congressional Reapportionment Natural Resources

TBM:aw

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Representative Mary Phillips Mr. Sewell Brumby, Legislative Counsel Mr. Glenn Ellard, Clerk of the House Representative Buddy Childers Representative Robert Peters Representative Terry Coleman

House of Representatives Atlanta, Georgia
October 31, 1987

22

JOURNAL OF THE HOUSE,

Honorable Robert L. Patten Representative, District 149 Route 1, Box 180 Lakeland, Georgia 31635
Dear Bob:
Pursuant to your request of October 8, 1987, I am removing you as Chairman of the Inter state Cooperation Committee and allowing you to remain a member of said committee. Further, I am appointing you Chairman of the House Governmental Affairs Committee.

TBM:ku

Sincerely, is/ Thomas B. Murphy
Speaker

cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office

Corrected copy

House of Representatives Atlanta, Georgia
October 31, 1987

Honorable Robert L. Patten Representative, District 149 Route 1, Box 180 Lakeland, Georgia 31635

Dear Bob:

Pursuant to your request of October 8, 1987, I am removing you as Chairman of the Inter state Cooperation Committee and allowing you to remain a member of said committee. Further, I am appointing you Chairman of the House Governmental Affairs Committee.
I am removing you from the University Systems Committee.

TBM:ku

Sincerely, /a/ Thomas B. Murphy
Speaker

cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office

MONDAY, JANUARY 11, 1988

23

House of Representatives Atlanta, Georgia
November 2, 1987

Honorable Earleen Sizemore Representative, District 136 Box 47-D Route 3 Sylvester, Georgia 31791

Dear Earleen:

I am this date appointing you Chairperson of the Interstate Cooperation Committee to fill the vacancy left by Representative Robert L. Patten who has been appointed Chairman of the Governmental Affairs Committee. I am removing you as Secretary of the Ways and Means Committee, but you will remain a member of Ways and Means.

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office

House of Representatives Atlanta, Georgia

November 19, 1987

Honorable Phil Foster Representative, District 6, Post 2 411 College Drive, Apt. E-16 Dalton, Georgia 30720

Dear Phil:

As requested by you, I am this date placing you on the State Institutions and Property Committee and removing you from the State Planning and Community Affairs Committee.

With best wishes and kind personal regards, I am

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Mr. Paul Lynch, Legislative Fiscal Officer Mr. Sewell Brumby, Legislative Counsel Mr. Glenn Ellard, Clerk of the House Representative Carlton Colwell, State Institutions and Property Representative G.D. Adams, State Planning and Community Affairs

24

JOURNAL OF THE HOUSE,

House of Representatives Atlanta, Georgia

November 25, 1987

Honorable Herman Clark Representative, District 20, Post 3 3708 Summit Drive Acworth, Georgia 30101

Dear Representative Clark:

I am this date appointing you to serve on the following standing committees of the House:

Defense and Veterans Affairs Industrial Relations University System of Georgia

With best wishes and kind regards, I am

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office Representative Joe T. Wood, Defense and Veterans Affairs Representative Billy Milford, Industrial Relations Representative Tom Buck, University System

House of Representatives Atlanta, Georgia

November 30, 1987

Honorable Louie Clark Representative, District 13 Route 2 Danielsville, Georgia 30633

Dear Louie:

I am this date appointing you to serve on the House Appropriations Committee and removing you from the House Education Committee.

With best wishes and kind regards always, I am

TBM:lj

Sincerely, /s/ Thomas B. Murphy
Speaker

MONDAY, JANUARY 11, 1988

25

Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael J. Bowers, Attorney General Mr. Glenn W. Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. Rusty Sewell, Executive Counsel to the Governor Mr. G. W. Hogan, State Auditor House Public Information Office Mr. Paul Lynch, Legislative Fiscal Office Honorable Bill Mangum, Chairman of Ed. Com. Honorable Lauren "Bubba" McDonald, Chairman of Appropriations Com.

House of Representatives Atlanta, Georgia

November 30, 1987

Honorable Boyd Pettit, III Representative, District 19 P. O. Box 1256 Cartersville, Georgia 30129

Dear Boyd:

I am this date appointing you to serve on the House Appropriations Committee and removing you from the House Public Safety Committee.

With best wishes and kind personal regards, I am

TBM:lj

Sincerely, /s/ Thomas B. Murphy
Speaker

Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael J. Bowers, Attorney General Mr. Glenn W. Ellard, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Rusty Sewell, Executive Counsel to the Governor Mr. G. W. Hogan, State Auditor House Public Information Office Mr. Paul Lynch, Legislative Fiscal Office Honorable Lauren "Bubba" McDonald Honorable Ralph Twiggs, Chairman of Public Safety Com.

Honorable Steve Thompson Representative, District 20 4265 Bradley Drive Austell, Georgia 30001
Dear Steve:

House of Representatives Atlanta, Georgia
November 30, 1987

26

JOURNAL OF THE HOUSE,

I am this date appointing you to serve on the House Appropriations Committee and removing you from the House Ways and Means Committee.

With best wishes and kind personal regards always, I am

TBM:lj

Sincerely, Is,/ Thomas B. Murphy
Speaker

Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael J. Bowers, Attorney General Mr. Glenn W. Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of the Senate Mr. Sewell Brumby, Legislative Counsel Mr. Rusty Sewell, Executive Counsel to the Governor Mr. G. W. Hogan, State Auditor House Public Information Office Mr. Paul Lynch, Legislative Fiscal Office Honorable Lauren "Bubba" McDonald Honorable Joe Mack Wilson

House of Representatives Atlanta, Georgia

December 2, 1987

Mr. Paul Lynch Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334

Dear Paul:

Effective this date I am making the following changes in committees to fill existing vacan cies:

I am appointing Representative Walter Cox Vice Chairman of the State Institutions and Property Committee and am appointing Representative Gerald Greene Secretary of this committee.

I am appointing Representative Lundsford Moody Vice Chairman of the Game, Fish and Recreation Committee and Representative Ed Holcomb Secretary of this committee.

I am appointing Representative Bill Cummings Vice Chairman of the Retirement Commit tee, and Representative Terry Lawler Secretary of this committee.

I am appointing Representative Richard Royal Secretary of the Ways and Means Commit tee.

Please change your records accordingly.

TBM:lj

Sincerely, /s/ Thomas B. Murphy
Speaker

MONDAY, JANUARY 11, 1988

27

cc: Honorable Walter Cox Honorable Gerald Greene Honorable Carlton Colwell Honorable Lundsford Moody Honorable Ed Holcomb Honorable Howard Rainey Honorable Bill Cummings Honorable Terry Lawler Honorable Rudolph Johnson Honorable Richard Royal Honorable Joe Mack Wilson Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Mr. Sewell Brumby, Legislative Counsel Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of the Senate House Information Office Mr. Ward Lamb, Legislative Office Building

House of Representatives Atlanta, Georgia

December 11, 1987

Honorable Betty Aaron Representative, District 56 3920 Johns Hopkins Court Decatur, Georgia 30034

Dear Betty:

As requested by you, I am this date placing you on the Industry Committee and removing you from the Regulated Beverages Committee.

With best wishes and kind personal regards, I am

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Mr. Paul Lynch Mr. Sewell Brumby Mr. Glenn Ellard Representative Sonny Watson Representative Harry Dixon

House of Representatives Atlanta, Georgia
December 29, 1987
Honorable Leonard R. Meadows Representative, District 91 P. 0. Box 317 Manchester, Georgia 31816
Dear Nookie:
I am appointing you to serve on the following standing committees of the House:

28

JOURNAL OF THE HOUSE,

Game, Fish & Recreation Public Safety Transportation

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Mr. Paul Lynch, Legislative Fiscal Office Honorable Howard Rainey, Chairman, Game, Fish and Recreation Honorable Ralph Twiggs, Chairman, Public Safety Honorable Tom Triplett, Chairman, Transportation Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office

House of Representatives Atlanta, Georgia

December 29, 1987

Honorable Robert H. McCoy Representative, District 1, Post 2 181 South Mission Ridge Drive Rossville, Georgia 30741

Dear Bob:

I am appointing you to serve on the following standing committees of the House:

Legislative & Congressional Reapportionment Regulated Beverages State Institutions & Property

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Mr. Paul Lynch, Legislative Fiscal Office Honorable Bob Peters, Chairman, Legislative & Congressional Reapportionment Honorable Harry Dixon, Chairman, Regulated Beverages Honorable Carlton Colwell, Chairman, State Institutions & Property Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office

MONDAY, JANUARY 11, 1988

29

House of Representatives Atlanta, Georgia

January 6, 1988

Honorable Mike Snow Representative, District 1, Post 1 Box 1595, Route 2 Chickamauga, Georgia 30707

Dear Mike:

Effective this date I am removing you from State Institutions & Property and placing you on State Planning & Community Affairs.

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office Honorable Carlton Colwell, Chairman Honorable G. D. Adams, Chairman

The following Resolutions of the House were read and adopted:

HR 539. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.

HR 540. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a commit tee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President, be appointed to notify His

30

JOURNAL OF THE HOUSE,

Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

The Speaker appointed as a Committee on the part of the House, the following members:
Representatives Buford of the 103rd, Carrell of the 65th, Hasty of the 8th, Davis of the 29th, Milam of the 81st, Ray of the 98th and Lord of the 107th.

The following Resolution of the House was read:

HR 541. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; to amend HR 3 adopted at the 1987 session; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR 3 adopted by the House at the regular 1987 session, as amended by HR 91, is amended by striking all of the substantive provisions thereof and inserting the following new substantive provi sions, which provisions shall be in effect during the 1988 regular session of the General Assembly of Georgia, during any period of adjournment during the 1988 regular session, during the period following final adjournment of the 1988 regular session until the conven ing of the 1989 regular session, during any special session prior to the regular 1989 regular session, and until otherwise provided for by resolution of the House:
Part 1.
Section 1-1. Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, chaplains, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, interns, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Per sonnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as deter mined by the Speaker; and any such personnel may be assigned to House officers, commit tees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
Section 1-2. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
Part 2.
Section 2-1. Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's Office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretar ies, copy readers, typists, Multilith operators, Xerox operators, collator operators, portermachinists, roll-call operators, clerical assistants, terminal operators, came i a operators,

MONDAY, JANUARY 11, 1988

31

supply and mail clerks, document distributors, audio operators, porters, personnel to dis tribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
Section 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be $45,000.00 per annum. During his tenure of office, he shall receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by him.
Part 3.
Section 3-1. Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is author ized to employ in his office interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or tempo rary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as deter mined by the Speaker.
Part 4.
Section 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, the Administration Floor Leader, and the Assis tant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authori zation and approval of vouchers by the Administration Floor Leader.
Section 4-2. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year.
Section 4-3. Pursuant to the provisions of law, in addition to any other compen sation they receive as members of the General Assembly, the Majority Leader, the Minor ity Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.

32

JOURNAL OF THE HOUSE,

Part 5.
Section 5-1. During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as he might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
Section 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of perform ing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative commit tees. The Speaker shall designate the chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is author ized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
Part 6.
Section 6-1. The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's Office. The funds neces sary to carry out the provisions of Part 3 of this resolution shall come from funds appro priated or otherwise available for the operation of the Speaker of the House's Office.
Section 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
Section 6-3. This resolution shall take effect immediately upon its adoption by 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 Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick

Y Branch
Y Brooks Y Brown Y Buck
Buford Y Byrd
Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell Y Couch

Y Cox
Y Crawford Y Crosby Y Cummings.B
Cummings.M 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

Y Greer
Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty
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
Y Lee Y Linder Y Long
Lord Lucas Lupton Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

MONDAY, JANUARY 11, 1988

33

Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Randall Y Ransom

YRay Y Reaves Y Redding
Y Richardson Ricketson
Y Robinson
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 Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution was adopted.

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

The following Resolution of the House was read:

HR 542. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1987 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Repre sentatives for the regular 1988 session.

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

Y Aaron Y Adams.G
Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown Y Buck
Buford YByrd
Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings,M
Davis.G Y 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 Hasty 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
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 McCoy Y McDonald
Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Randall Ransom
Ray Y Reaves
Redding Richardson Ricketson Y Robinson 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 Smyrc YSnow Y Stancil Y Stanley Y Steinberg Y Stephens

34

JOURNAL OF THE HOUSE,

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
Williams,J Y Wilson

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution was adopted.

Y Wood Y Workman
Yeargin
Murphy ,Spkr

The following Resolution of the House was read:

HR 543. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Joe Frank Harris, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., January 13, 1988, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Repre sentatives.

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 Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Brooks
Brown Y Buck
Buford
Y Byrd Carrell
Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell
Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M
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 Manner
Y Harris Hasty 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
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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 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 Y Snow Y Stancil Y Stanley Y Steinberg
Y Stephens

MONDAY, JANUARY 11, 1988

YThomas.C
Y Thomas.M Y Thompson YThurmond YTownsend

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
Williama,J Y Wilson

On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution was adopted.

35
Y Wood Y Workman Y Yeargin
Murphy.Spkr

The Speaker appointed as a Committee of Escort on the part of the House the follow ing members:
Representatives Birdsong of the 104th, Dixon of the 151st, Dobbs of the 74th, Holmes of the 28th, Lawler of the 20th, Williams of the 54th and Mostiler of the 75th.

Representative Buford of the 103rd stated that he had been called to the Governor's office when the vote was taken on the adoption of HR 541, HR 542 and HR 543. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 544. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

A RESOLUTION
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Jus tices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M. Janu ary 13, 1988, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

HR 545. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Thomas 0. Marshall, Jr., Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 10:45 A.M., January 15, 1988, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:30 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Marshall.

36

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Repre sentatives for the purpose of hearing the address from Chief Justice Marshall.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the 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 1183. By Representatives McDonald of the 12th and Murphy of the 18th: A bill to provide supplementary appropriations to the Department of Medi cal Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to the State Fiscal Year 1987.
Referred to the Committee on Appropriations.
HB 1184. By Representative Selman of the 32nd: A bill to amend an Act establishing a charter for the City of Fairburn, so as to change the corporate limits of such municipality.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1185. By Representative Lane of the 27th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that for the purposes of Chapter 66, known as "The Zoning Procedures Law," the term "local government" shall include a planning and zoning commission when the planning and zoning powers of a county or municipality have been delegated to such a commis sion.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, JANUARY 11, 1988

37

HB 1186. By Representative Mobley of the 64th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to change the compensation of such mem bers to the amount authorized by general law for members of boards of edu cation.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1187. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 35 of the Official Code of Georgia Anno tated, known as the "Georgia Police Academy Act," so as to change the definition of the term "police officer"; to change the provisions relating to the powers and duties of the Board of Public Safety over the Georgia Police Academy.
Referred to the Committee on Public Safety.
HB 1188. By Representative Barnett of the 10th:
A bill to amend the local Act creating and establishing a civil service system in Forsyth County for employees of Forsyth County, so as to provide for the exemption of certain personnel from membership in the Forsyth County Civil Service System.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1189. By Representative Barnett of the 10th:
A bill to amend Code Section 49-3-2 of the Official Code of Georgia Anno tated, relating to county boards of family and children services, so as to pro vide that nominees for appointment to a board shall certify their willingness to serve if appointed.
Referred to the Committee on Human Relations & Aging.
HB 1190. By Representative Barnett of the 10th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions with respect to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emer gency medical technicians, so as to change the definition of the term "emer gency medical technician".
Referred to the Committee on Public Safety.

HB 1191. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the police department shall not be abolished unless such action is first approved by a majority of those electors of the city voting in a special election on such question.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1192. By Representative Wall of the 61st:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Anno tated, relating to the procedure for the sale or disposition of county real property generally, so as to exempt the transfer of recreational set-aside property to certain homeowners' associations.
Referred to the Committee on State Planning & Community Affairs.

38

JOURNAL OF THE HOUSE,

HB 1193. By Representatives Lane of the 27th, Selman of the 32nd, Adams of the 36th, Couch of the 40th, McKinney of the 35th and others:
A bill to amend Code Section 50-8-84 of the Official Code of Georgia Anno tated, relating to the composition of metropolitan area planning and develop ment commissions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to provide for an additional member of such an area planning and development commission.
Referred to the Committee on State Planning & Community Affairs,

HB 1194. By Representatives Lane of the 27th, Yeargin of the 14th, Royal of the 144th and Adams of the 36th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority", so as to provide for the use of the Authority's available revenues to construct, complete, and operate rapid transit projects beyond Phases A, B, and C of the rapid transit system.
Referred to the Committee on State Planning & Community Affairs.

HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change the compensation of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.
Referred to the Committee on Rules.

HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in general, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other similar entities of the executive and judicial branches.
Referred to the Committee on Rules.

HB 1197. By Representative Redding of the 50th:
A bill to amend Code Section 42-2-11 of the Official Code of Georgia Anno tated, relating to powers and duties of the Board of Corrections, so as to authorize the board to contract for the incarceration, housing, care and treat ment of certain persons who have been determined to have the AIDS virus.
Referred to the Committee on State Institutions & Property.

HB 1198. By Representative Redding of the 50th:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of penal detention generally, so as to require the Department of Corrections to test certain inmates for the AIDS virus.
Referred to the Committee on Health & Ecology.

MONDAY, JANUARY 11, 1988

39

HB 1199. By Representative Redding of the 50th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to authorize the State Board of Pardons and Paroles to require any person who applies for clemency, a pardon, a parole, or other relief from a sentence to be tested for the AIDS virus.
Referred to the Committee on Health & Ecology.

HB 1200. By Representative Beck of the 148th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner or tax collector of the county in which the municipality is located to assess and col lect taxes for such municipality in the same manner as county taxes.
Referred to the Committee on Ways & Means.

HB 1201. By Representatives Ramsey of the 3rd, Steinberg of the 46th, Buck of the 95th and Lee of the 72nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to require annual training of peace officers.
Referred to the Committee on Public Safety.

HB 1202. By Representative Ramsey of the 3rd:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that the additional penalty imposed in certain criminal and traffic cases and upon violation of bond shall be appli cable to the magistrate courts.
Referred to the Committee on Public Safety.

HB 1203. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
Referred to the Committee on Judiciary.

HB 1204. By Representatives Robinson of the 96th, Murphy of the 18th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee asserts or exercises any right afforded to the employee by state or federal law.
Referred to the Committee on Judiciary.

40

JOURNAL OF THE HOUSE,

HB 1205. By Representative Hooks of the 116th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Sumter County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1206. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide for a homestead exemption of $30,000.00 from all City of Savannah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1207. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide a $2,000.00 homestead exemption from City of Savannah ad valorem taxes for all residents of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1208. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide a $4,000.00 homestead exemption from City of Savannah ad valorem taxes for residents of that city who are age 65 years or over and who have a net income not exceeding $8,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1209. By Representatives Reaves of the 147th, Moore of the 139th, Balkcom of the 140th, Godbee of the 110th and Oliver of the 121st:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Veterinary Practice Act," so as to change the definition of a certain term; to change the provisions relating to applications for licenses.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1210. By Representatives Brown of the 88th and Redding of the 50th:
A bill to amend Code Section 3-3-21 of the Official Code of Georgia Anno tated, relating to sales of alcoholic beverages near churches and schools, so as to prohibit the sale or offer to sell of any wine or malt beverage within 100 yards of any church building.
Referred to the Committee on Regulated Beverages.

HB 1211. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to change the composition and method of election of the Board of Education of Appling County.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, JANUARY 11, 1988

41

HB 1212. By Representative Buck of the 95th:
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 Peace Offi cers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pen sion Fund for the inclusion in the health insurance plan of employees of such funds and their spouses and dependent children.
Referred to the Committee on Public Safety.

HB 1213. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Anno tated, relating to applications for membership in the Peace Officers' Annuity and Benefit Fund and medical examinations in connection therewith, so as to change the provisions relative to the date of medical examinations.
Referred to the Committee on Retirement.

HB 1214. By Representative Richardson of the 52nd:
A bill to amend Code Section 43-10-12 of the Official Code of Georgia Anno tated, relating to cosmetology schools, teachers, and instructors, so as to change certain provisions relating to requirements for teachers and instruc tors.
Referred to the Committee on Health & Ecology.

HB 1215. By Representative Richardson of the 52nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Anno tated, relating to barbers, so as to change certain provisions relating to requirements for practicing and teaching barbering; to change certain requirements for a license to operate a barbershop.
Referred to the Committee on Health & Ecology.

HB 1216. By Representatives Benn of the 38th, Clark of the 13th, Greer of the 39th, Thomas of the 31st, Sinkfield of the 37th and others:
A bill to amend Code Section 49-5-60 of the Official Code of Georgia Anno tated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.
Referred to the Committee on Human Relations & Aging.

HB 1217. By Representatives Childers of the 15th, Richardson of the 52nd, Selman of the 32nd, McKelvey of the 15th and Smith of the 16th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care program for disabled adults; to provide a short title.
Referred to the Committee on Health & Ecology.

42

JOURNAL OF THE HOUSE,

HB 1218. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th, Sinkfield of the 37th, Couch of the 40th and others:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to procedure for authorization of bonded debt, so as to pro hibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a popu lation of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1219. By Representatives Hasty of the 8th and Cummings of the 17th:
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 generally, so as to provide for the issuance of special license plates to commemorate the founding of Oglethorpe University.
Referred to the Committee on Motor Vehicles.

HB 1220. By Representative Cheeks of the 89th:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of six members, two vice mayorchairpersons, and mayor-chairperson; to provide that the board of commis sioners, vice mayor-chairpersons, and mayor-chairperson shall also exercise the rights, powers, and duties of the City of Augusta as the governing author ity of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 546. By Representative Lane of the 27th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide procedures for the governing authorities of counties and municipalities to delegate their planning and zoning powers to independent planning and zoning commissions.
Referred to the Committee on State Planning & Community Affairs.

HR 547. By Representative Beck of the 148th: A resolution compensating Mr. Roger L. Underwood.
Referred to the Committee on Appropriations.

HR 548. By Representative Redding of the 50th: A resolution creating the House Radon Gas Study Committee.
Referred to the Committee on Health & Ecology.

HR 549. By Representatives Triplett of the 128th, Murphy of the 18th, Floyd of the 154th and Dixon of the 151st:
A resolution designating the Kenneth McCarthy Bridge.
Referred to the Committee on Transportation.

MONDAY, JANUARY 11, 1988

43

HR 550. By Representatives Mangum of the 57th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Athon of the 57th:
A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Superintendent and for the appointment of said commissioner of edu cation by the State Board of Education and for other matters relative to the foregoing.
Referred to the Committee on Education.

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

HB 1164 HB 1165 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174

HB 1175 HB 1176 HB 1177 HB 1178 HB 1179 HB 1180 HB 1181 HB 1182

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 243. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st:
A resolution to notify the House of Representatives that the Senate has con vened.

The following Resolution of the Senate was read and adopted:

SR 243. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st:

A RESOLUTION
To notify the House of Representatives that the Senate has convened; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Secretary of the Senate is hereby instructed to notify the House of Representatives that the Senate has convened in regular session and is now ready for the transaction of business.

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:

44

JOURNAL OF THE HOUSE,

HR 540. By Representatives Murphy of the 18th and others: A resolution to notify the Governor that the General Assembly has convened.

The President has appointed as an escort committee on the part of the Senate the following:
Senators Walker of the 43rd, McKenzie of the 14th, Coverdell of the 40th, Ray of the 19th, Ragan of the 32nd, Johnson of the 47th and Taylor of the 12th.

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, JANUARY 12, 1988

45

Representative Hall, Atlanta, Georgia Tuesday, January 12, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron
Adams.G Adams.M Aiken Alford
Alien
Athor.
Atkins Bailey
Bannister Bargeron
Barnett.B Barnett.M Beck
Benefield Benn Birdsong Bishop
Bostick Branch
Brooks Brown Buck Buford Byrd Carrell Carter Chambless Chance Cheeks Childers
Clark.H Clark.L Colbert Coleman

Colwell
Connell
Couch Cox Crawford
Crosby Cummings.B Davis.G Davis.M
Dixon
Dobbs
Dover Dunn Edwards Felton Floyd Foster Galer Godbee Goodwin
Green Greene Greer Gresham
Griffin Groover Hamilton
Manner Harris Hasty Heard Hensley Herbert
Holcomb Holmes

Hooks Isakson Jackson,J Jackson.W Jamieson Johnson.D Johnson.R Kilgore Kingston Lane.D Lane.R Lawler Lawrence Lawson Lee Linder Long
Lord
Lucas Lupton Mangum Martin
McCoy McDonald
McKelvey
McKinney
Meadows
Milam Mobley
Moody
Moore
Morton
Mostiler
Moultrie

Mueller Oliver.C Oliver.M Orrock Padgett Pannell Parham Parrish Patten Peters Pettit Phillips Pinks ton Pittman Porter Powell Prichard Rainey Ramsey.T Ramsey.V Ransom Ray Reaves
Redding
Richardson
Ricketson
Robinson
Royal
Selman
Shepard
Sherrod
Simpson
Sinkfield
Sizemore

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

Prayer was offered by the Reverend James Herring, Pastor, Trinity Baptist Church, Thomaston, 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.

46

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1221. By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definition of the offense of pandering; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.
Referred to the Committee on Special Judiciary.

HB 1222. By Representative Cheeks of the 89th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide by local law for a form of governmental reorganization whereby the charter of a municipality is retained in order for the county in which the municipality is located to exercise the corporate powers, functions, and rights, and assume the assets and liabilities of the municipality.
Referred to the Committee on State Planning & Community Affairs.

HB 1223. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 28-4-3 of the Official Code of Georgia Anno tated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.
Referred to the Committee on Judiciary.

HB 1224. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th and Williams of the 48th:
A bill to amend Code Section 31-10-25 of the Official Code of Georgia Anno tated, relating to disclosure of information contained in vital records, so as to provide that attorneys engaged in a title search shall be permitted to inspect birth records at no charge.
Referred to the Committee on Judiciary.

HB 1225. By Representatives Thomas of the 69th, Simpson of the 70th, Williams of the 48th and Lawson of the 9th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to provide an exemption from ad valorem taxation for motor vehi cles owned by a church and used for nonprofit purposes.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 12, 1988

47

HB 1226. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and sexually explicit conduct, so as to change the provisions relating to penalties.
Referred to the Committee on Judiciary.

HB 1227. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th and Robinson of the 96th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to change the time periods for the service of summons on jurors.
Referred to the Committee on Judiciary.

HB 1228. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from sal aries or wages of their employees contributions or dues to certain charitable associations.
Referred to the Committee on University System of Georgia.

HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1230. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th and Robinson of the 96th:
A bill to amend Code Section 47-9-60 of the Official Code of Georgia Anno tated, relating to senior judges of the superior courts, so as to provide that senior judges shall be authorized, but not required, to serve without compen sation as judges of the superior court.
Referred to the Committee on Judiciary.

HB 1231. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to civil actions in general, so as to provide that a court of record may, under the doctrine of forum non conveniens, decline to exercise jurisdiction over a civil action brought by a person who is not a resident of this state upon a cause of action originating outside of this state.
Referred to the Committee on Judiciary.

48

JOURNAL OF THE HOUSE,

HB 1232. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Anno tated, relating to where and when sales under execution are held, so as to provide that the sheriff or coroner shall publish and make available at the courthouse a schedule of the approximate time at which each parcel, article, or group of articles of property taken under execution will be sold.
Referred to the Committee on Judiciary.

HB 1233. 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 provide for the regulation of credit repair services organizations.
Referred to the Committee on Industry.

HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commis sion, in its discretion, to deregulate or not provide a tariff on certain services of telecommunications companies.
Referred to the Committee on Industry.

HB 1235. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to applications for appeals for discretionary appeals, so as to make appeals from decisions of the state courts reviewing decisions of magis trate courts.
Referred to the Committee on Judiciary.

HB 1236. By Representative Watts of the 41st: A bill to provide for a new charter for the City of Dallas in Paulding County.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 551. By Representative Hasty of the 8th: A resolution designating the Moore's Mill Bridge.
Referred to the Committee on Transportation.

HR 552. By Representatives Watson of the 114th and Kilgore of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to pro vide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in areas of technology, manufacturing, or agriculture.
Referred to the Committee on University System of Georgia.

TUESDAY, JANUARY 12, 1988

49

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

HB 1267. 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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.
Referred to the Committee on Appropriations.

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

HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HB 1188 HB 1189
rHirRs m ii?i HB 1192 HB 1193 HB 1194 HB 1195 HB 1196
tro 11Q7 U'
HB 1198 HB 1199
HB 1200 HB 1201
HB 1202
HB 1203 HB 1204

HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 HB 1211
HTTBJJ 1212 TM TM
TM TM.
n& IZlo
HB 122 HR 546 HR 547 HR 548 HR 549 HR 550

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1183 Do Pass
Respectfully submitted, Is/ McDonald of the 12th
Chairman

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

Mr. Speaker:

50

JOURNAL OF THE HOUSE,

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 1153 Do Pass HB 1157 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 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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 VI, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:

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.

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

Y Aaron Y Adams.G YAdams.M
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
Birdsong Y Bishop Y Bostick Y Branch
Y Brooks

Brown Y Buck Y Buford
Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Y Cox Y Crawford
Crosby
Y Cummings.B

Cummings.M 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
Groover Y Hamilton
Y Banner

Y Harris Hasty
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 Under
Long Y Lord Y Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows Y Milam
Milford Y Mobley
Y Moody Y Moore Y Morton Y Mostiler
Y Moultrie

TUESDAY, JANUARY 12, 1988

51

Mueller Y Oliver.C
Oliver.M 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

Y Royal
Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfleld
Sizemore Y Smith,L
Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow
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 Y Walker,L

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

On the passage of the Bill, the ayes were 154, 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 adopted by the requisite constitutional majority the following Resolu tions of the House:

HR 543. By Representatives Murphy of the 18th and others:
A resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor.
The President has appointed as an escort committee on the part of the Senate the following:
Senators Kennedy of the 4th, Allgood of the 22nd, Barnes of the 33rd, Ray of the 19th, McKenzie of the 14th, Harris of the 27th and Walker of the 43rd.

HR 544. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor.

HR 545. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The President has appointed as an escort committee on the part of the Senate the following:
Senators Deal of the 49th, Allgood of the 22nd, Baldwin of the 29th, Peevy of the 48th, Barnes of the 33rd, Edge of the 28th and Crumbley of the 17th.

Representative Wilson of the 20th arose to a point of personal privilege and addressed the House.

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

52

JOURNAL OF THE HOUSE,

HR 553. By Representatives Watson of the 114th, Kilgore of the 42nd, Byrd of the 153rd, Edwards of the 112th, Walker of the 115th and Connell of the 87th:
A resolution welcoming to the State of Georgia a delegation from the Australian Federal Parliament; inviting the delegation to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 555. By Representatives Dover of the llth and Jamieson of the llth:
A resolution recognizing and commending Miss Kim Bramlett and inviting her to appear before the House.

HR 556. By Representative Oliver of the 121st: A resolution expressing regret at the passing of James W. Godfrey, Sr.

HR 557. By Representative Oliver of the 121st: A resolution expressing regret at the passing of Sheppard E. "Zeke" Perkins.

HR 558. By Representative Oliver of the 121st: A resolution commending Coach William Hall.

HR 559. By Representative Oliver of the 121st: A resolution commending Dot West.

HR 560. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A resolution commending Murrayville Lodge #30 on its centennial.

HR 561. By Representatives Smith of the 78th, Murphy of the 18th, Waldrep of the 80th, Buford of the 103rd, Groover of the 99th and Adams of the 79th:
A resolution commending Mr. David P. Ridgeway, Sr.

HR 562. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Bishop of the 94th, Galer of the 97th and Moultrie of the 93rd:
A resolution commending Larry Mize.

HR 563. By Representative Watson of the 114th: A resolution commending Mr. Homer J. Walker.

HR 564. By Representatives Benn of the 38th, Greer of the 39th, Phillips of the 120th, Sinkfield of the 37th, Thomas of the 31st and others:
A resolution commending Mrs. Juanita Harris Gardner.

HR 565. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th, Cheeks of the 89th, Brown of the 88th and others:
A resolution commending the Medical College of Georgia.

TUESDAY, JANUARY 12, 1988

53

HR 566. By Representative Mobley of the 64th: A resolution commending Mrs. Mary L. Ford Sims.

HR 567. By Representative Hasty of the 8th: A resolution commending the Moore family reunion.

HR 568. By Representatives Waldrep of the 80th and Hamilton of the 124th: A resolution commending Washington Park School.

HR 569. By Representative Ware of the 77th:
A resolution commending and congratulating the Heard County Lions Club upon its fiftieth anniversary.

The following Resolution of the House was read and referred to the Committee on Agriculture and Consumer Affairs:

HR 570. By Representatives Reaves of the 147th, Sherrod of the 143rd, Balkcom of the 140th, Royal of the 144th, Greene of the 130th and others:
A resolution urging the Congress of the United States to amend federal laws relating to motor fuel taxes on nongasoline fuels used by farmers for off-road uses.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Ways and Means:

HR 63. By Representatives Thomas of the 69th, Chambless of the 133rd, Pettit of the 19th and Williams of the 48th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly of Georgia to enact a general law authorizing counties, municipalities, or other political subdivisions of this state to enter into multiyear agreements under such terms and conditions as may be provided in such law.

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 Reso lution of the Senate:

SR 260. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment.

The following Resolution of the Senate was read:

SR 260. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A RESOLUTION
Relative to adjournment; and for other purposes.

54

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn at 5:00 P.M. on January 15, 1988, and reconvene at 10:00 A.M. on
January 25, 1988.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y 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 Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks
Y Childers Clark,B
Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox
Y Crawford Crosby
Y Cummings.B Y Cummings,M
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 Y Greene Y Greer Y Gresham
Griffin Y Groover Y Hamilton Y Banner Y Harris
Y Hasty Y Heard
Y Hensley Y Herbert
Y Holcomb

Y Holmes Y Hooks
Y Hudson Y 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 Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald
McKelvey McKinney Meadows
Milam Milford Y Mobley
Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Mueller
Y Oliver.C Y Oliver.M 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 Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 151, nays 0.

The Resolution was adopted.

Y Sizemore Smith.L
Y Smith.P Y Smith.T Y Smith.W YSmyre Y Snow
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 Y Walker.C Y Walker.L Y Wall
Y Ware
Y Watson
Y Watts
White
Wilder
Y Williams.B
Y Williams,J
Y Wilson
Y Wood
Y Workman
Y Yeargin
Murphy.Spkr

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, JANUARY 13, 1988

55

Representative Hall, Atlanta, Georgia Wednesday, January 13, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams,G
Adams.M Aiken Alford Alien Athon Atkins Bailey Balkcom
Bannister Bargeron Barnett,B Barnett,M Beck Benefield Benn
Birdsong
Bishop Bostick Branch Brooks Brown Buford
Byrd Carrell Carter Chambless Chance Cheeks Childers Clark.H Clark.L Colbert

Coleman
Colwell Connell
Couch
Cox
Crawford
Crosby Cummings.B Davis.G Davis.M Dobbs Dover Dunn Edwards
Felton Floyd Foster Galer Godbee Good win Green Greene Greer Gresham Griffin
Groover
Hamilton Harris Hasty Heard Hensley Holcomb Holmes

Hooks Hudson
Isakson Jackson,J
Jackson.W Jamieson Johnson.D Johnson.R Kilgore Kingston Lane.D Lane.R Langford Lawler Lawrence Lawson Lee Linder
Long Lord
Lupton
Mangum Martin
McCoy McDonald McKelvey Meadows Milam Milford Mobley Moody
Moore Morton

Mostiler Moultrie Mueller Oliver.C Oliver.M Orrock Padgett Pannell Par ham Parrish Patten Peters Pettit Phillips Pinkston Pittman Porter Powell Prichard Rainey
Ramsey.T
Ramsey.V
Randall
Ransom
Ray
Reaves
Richardson
Ricketson
Robinson
Royal
Selman
Shepard

Sherrod Sinkfield Sizemore Smith.L Smith.T Smith.W Smyre Snow Stancil Stanley Stein berg Stephens Thomas.M Thompson Thurmond Townsend Triplett Twiggs Waddle Waldrep
Walker.L
Wall
Ware
Watson
Watts
Wilder
Williams.B
Wilson
Wood
Workman
Yeargin
Murphy.Spkr

Prayer was offered by the Reverend Julian L. Tucker, Pastor, Liberty United Meth odist Church, Macon, 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.

56

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1237. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-8 of the Official Code of Georgia Anno tated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relat ing to educational requirements.
Referred to the Committee on State Planning & Community Affairs.

HB 1238. By Representatives Lane of the 27th, Johnson of the 72nd, Couch of the 40th, Powell of the 145th, Watts of the 41st and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that real property owned by counties, municipalities, and other political subdivisions and public authorities for air port purposes may not be sold or leased to persons who are not citizens of the United States.
Referred to the Committee on State Planning & Community Affairs.

HB 1239. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Childers of the 15th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Anno tated, relating to administrative hearings and appeals by the Board of Medi cal Assistance, so as to authorize the commissioner of medical assistance to remand, reverse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals proce dures for applicants for and recipients of medical assistance.
Referred to the Committee on Health & Ecology.

HB 1240. By Representatives Lawler of the 20th, Cummings of the 17th and Hensley of the 20th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to program weights for funding under the "Quality Basic Edu cation Act," so as to provide that program weights shall reflect sufficient funds to make payments to teachers for unused sick leave; to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave.
Referred to the Committee on Education.

WEDNESDAY, JANUARY 13, 1988

57

HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to pro vide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.
Referred to the Committee on Public Safety.

HB 1242. By Representatives Shepard of the 71st, Mostiler of the 75th, Ware of the 77th and Meadows of the 91st:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenue in the county of Coweta," so as to provide for a special election by the qualified voters of respective road districts to fill vacancies which shall occur on the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1243. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Anno tated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.
Referred to the Committee on Health & Ecology.

HB 1244. By Representatives Cox of the 141st, Bargeron of the 108th, Greene of the 130th and Lord of the 107th:
A bill to amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fish ing licenses issued to blind persons.
Referred to the Committee on Game, Fish & Recreation.

HB 1245. By Representative Cox of the 141st:
A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Anno tated, relating to limitations of actions, so as to make void certain contrac tual provisions fixing the time within which an action arising out of a contract may be begun.
Referred to the Committee on Judiciary.

HB 1246. By Representatives Herbert of the 76th, Cummings of the 17th, Hamilton of the 124th, Benn of the 38th, Selman of the 32nd and others:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to program weights and funding under the "Quality Basic Education Act," so as to provide that program weights for the kindergarten program, the primary grades program, the middle grades program, and the high school program, when multiplied by the base amount, shall reflect suffi cient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services for all enrolled students.
Referred to the Committee on Education.

58

JOURNAL OF THE HOUSE,

HB 1247. By Representatives Carter of the 146th and Bostick of the 138th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Anno tated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.
Referred to the Committee on Insurance.
HB 1248. By Representatives Wall of the 61st, Cox of the 141st and Crawford of the 5th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to authorize the coroner to hold inquests and issue precepts even though the peace officer in charge and medical examiner are satisfied that violence but not foul play was involved in a death.
By unanimous consent, HB 1248 was ordered engrossed.
Referred to the Committee on Public Safety.
HB 1249. By Representatives Porter of the 119th, Thomas of the 69th and Williams of the 48th:
A bill to amend Code Section 8-3-30 of the Official Code of Georgia Anno tated, relating to general powers of housing authorities and the applicability of certain laws to housing authorities, so as to provide for penalties upon a willful failure or refusal to comply with a subpoena or notice to produce issued by an authority.
Referred to the Committee on Judiciary.
HB 1250. By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th, Robinson of the 96th and Lawson of the 9th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change provi sions relating to renunciations of successions to interests in property to clar ify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "Interest in property".
Referred to the Committee on Judiciary.
HB 1251. By Representatives Porter of the 119th, Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
A bill to amend Article 6 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, so as to change the provisions relating to commissions on debts, legacies, or distributive shares paid to the administrators or executors.
Referred to the Committee on Judiciary.
HB 1252. By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th and Williams of the 48th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to the obstruction of public administration and related offenses, so as to declare unlawful the making of certain false state ments or fradulent writings or the concealment of material facts in any mat ter within the jurisdiction of a political subdivision or an authority.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 13, 1988

59

HB 1253. By Representatives Porter of the 119th, Thomas of the 69th and Williams of the 48th:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Anno tated, relating to fraudulently obtaining or attempting to obtain public hous ing or a reduction in public housing rent, so as to change certain penalties for unlawful acts.
Referred to the Committee on Judiciary.

HB 1254. By Representative Prichard of the 8th:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of certain seized property, so as to provide for additional circumstances under which certain firearms or weapons are declared to be contraband and are forfeited.
Referred to the Committee on Public Safety.

HB 1255. By Representative Prichard of the 8th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and prac tices, so as to provide that it shall be unlawful for any person to physically have or carry on or about his person any firearm while under the influence of alcohol or drugs.
Referred to the Committee on Public Safety.

HB 1256. By Representative Prichard of the 8th:
A bill to amend Code Section 16-5-24 of the Official Code of Georgia Anno tated, relating to aggravated battery, so as to provide that a person commits the offense of aggravated battery when he intentionally causes physical harm to another under certain circumstances.
Referred to the Committee on Special Judiciary.

HB 1257. By Representative Prichard of the 8th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Anno tated, relating to punishment for misdemeanors generally, so as to increase the maximum amount of the fine which may be imposed as punishment for a misdemeanor under certain circumstances.
Referred to the Committee on Special Judiciary.

HB 1258. By Representative Prichard of the 8th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that any person who has been convicted of certain offenses requiring the mandatory suspension of such person's driver's license shall, at the time of such person's conviction, sign a statement that such person understands and is fully aware that such person's driver's license has been suspended.
Referred to the Committee on Motor Vehicles.

60

JOURNAL OF THE HOUSE,

HB 1259. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and charges applicable to the insurance industry, so as to change the provisions relating to the reduction of ad valorem taxes in unincorporated areas of counties levying taxes on insurance premiums; to change certain provisions relating to counties operating under a tax cap.
Referred to the Committee on Ways & Means.

HB 1260. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Royal of the 144th:
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 create the Office of Rural Development within the Department of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

HB 1261. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Thompson of the 20th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, so as to provide that chiefs of police shall be the municipal corporations' jailers; to provide for the keeping of records.
Referred to the Committee on Public Safety.

HB 1262. By Representative Lawler of the 20th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance and renewal of special license plates to commemorate or recognize any college or university which is located out side the State of Georgia.
Referred to the Committee on Motor Vehicles.

HB 1263. By Representatives Colbert of the 23rd, Jackson of the 9th, Davis of the 45th, Walker of the 115th, Coleman of the 118th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road for traffic offenses, so as to pro vide that the driver of a motor vehicle who leaves the scene of an accident resulting in personal injury to or the death of a person shall be guilty of a felony.
Referred to the Committee on Motor Vehicles.

HB 1264. By Representative Colbert of the 23rd:
A bill to amend Code Section 40-6-98 of the Official Code of Georgia Anno tated, relating to persons soliciting rides or business on public highways, so as to authorize certain solicitations within the corporate limits of municipal ities under certain circumstances.
Referred to the Committee on Public Safety.

WEDNESDAY, JANUARY 13, 1988

61

HB 1265. By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st, Sherrod of the 143rd, Royal of the 144th and others:
A bill to amend Code Section 2-8-19 of the Official Code of Georgia Anno tated, relating to imposition, collection, and enforcement of assessments imposed under the "Georgia Agricultural Commodities Promotion Act," so as to provide for the imposition, collection, and enforcement of assessments on agricultural commodities produced outside this state and sold, marketed, dis tributed, or processed in this state.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1266. By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st, Sherrod of the 143rd, Royal of the 144th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with cer tain pesticides or containing certain residues of pesticides or other sub stances.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1268. By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide that no notice refusing the renewal of certain coverages in an automobile or motorcycle policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons.
Referred to the Committee on Insurance.

HB 1269. By Representatives Lawler of the 20th and Bannister of the 62nd:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to reassign certain duties and authority of the state auditor and the Depart ment of Audits and Accounts relating to the establishment of an equalized adjusted school property tax digest to the state revenue commissioner and the Department of Revenue.
Referred to the Committee on Ways & Means.

HB 1270. By Representatives Lawler of the 20th and Bannister of the 62nd:
A bill to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to authorize the state revenue commissioner to provide certain additional funds for personal property appraisers.
Referred to the Committee on Ways & Means.

HB 1271. By Representatives Hensley of the 20th and Cummings of the 17th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the applicability and effect of rules or regulations of the State Board of Edu cation to local boards of education.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.
Referred to the Committee on Judiciary.
HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th, Watts of the 41st, Holcomb of the 72nd and others:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Anno tated, relating to dogs, so as to provide for the regulation of dangerous dogs.
Referred to the Committee on Game, Fish & Recreation.
HB 1274. By Representatives Morton of the 47th and Davis of the 45th:
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 provide that a female who is knowingly pregnant and who is convicted of a violation of Code Section 16-11-41 or 40-6-391 commits the offense of cruelty to children; to provide for counseling of defendants with respect to the dangers of consuming alcohol or drugs during pregnancy; to provide penalties.
Referred to the Committee on Special Judiciary.

HB 1275. 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.
HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of education to vary the length of school years under certain circum stances.
Referred to the Committee on Education.

HB 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989.
Referred to the Committee on Appropriations.

HB 1278. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list.
Referred to the Committee on Ways & Means.

WEDNESDAY, JANUARY 13, 1988

63

HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd, Dover of the llth, Sizemore of the 136th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.
Referred to the Committee on Ways & Means.

HB 1280. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Anno tated, relating to transfer of tax executions, so as to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable.
Referred to the Committee on Ways & Means.

HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th, McKinney of the 35th, Smyre of the 92nd and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, including Human Immunodeficiency Virus (HIV).
Referred to the Committee on Health & Ecology.

HR 554. By Representatives Hamilton of the 124th, Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th and others:
A resolution creating the Chatham County Homestead Exemption Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 571. By Representatives Lawler of the 20th, Mostiler of the 75th and Bannister of the 62nd:
A resolution proposing an amendment to the Constitution so as to provide that any class of tangible personal property as may be established by general law may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be pro vided for such properties.
Referred to the Committee on Ways & Means.

HR 572. By Representative Aaron of the 56th:
A resolution creating the Homeless Children and Street Prostitution Study Committee.
Referred to the Committee on Rules.

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

HB 1221 HB 1222

HB 1223 HB 1224

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JOURNAL OF THE HOUSE,

HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232

HB 1233 HB 1234 HB 1235 HB 1236 HB 1267 HR 551 HR 552

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 1203 Do Pass
Respectfully submitted, /a/ 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 Bills and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1195 Do Pass HB 1196 Do Pass

HR 553 Do Pass HR 372 Do Pass, by Substitute

Respectfully submitted, /a/ 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 has instructed me to report the same back to the House with the following recommendations:

HB 1188 Do Pass HB 1191 Do Pass HB 1205 Do Pass

HB 1206 Do Pass HB 1207 Do Pass HB 1208 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:

WEDNESDAY, JANUARY 13, 1988

65

Mr. Speaker:

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

HB 281 Do Pass, by Substitute HB 636 Do Pass, by Substitute

HB 733 Do Pass, by Substitute HB 1194 Do Pass

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

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

HB 1188. By Representative Barnett of the 10th:
A bill to amend the local Act creating and establishing a civil service system in Forsyth County for employees of Forsyth County, so as to provide for the exemption of certain personnel from membership in the Forsyth County Civil Service System.

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

HB 1191.

By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide that the police department shall not be abolished unless such action is first approved by a majority of those electors of the city voting in a special election on such question.

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

HB 1205.

By Representative Hooks of the 116th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Sumter County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Bills of the House were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

HB 1206.

By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide for a homestead exemption of $30,000.00 from all City of Savannah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman
Y Colwell Y Connell Y Couch YCox Y Crawford Y Croaby Y Cummings.B
Cummings.M
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 Hanner Y Harris Y Hasty Y Heard Y Hensley
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 Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Y Moody Y Moore
Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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 Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Shepard Y Sherrod Y Simpson
Y Sinkfield

Y Sizemore Y Smith.L
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 Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
YWare
Y Watson
Y Watts
White
Wilder
Williams.B
Williams ,J
Y Wilson
Y Wood
Y Workman
Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1207.

By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide a $2,000.00 homestead exemption from City of Savannah ad valorem taxes for all residents 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 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 Bargeron

Y Barnett.B Y Barnett.M YBeck

WEDNESDAY, JANUARY 13, 1988

67

Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance
Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell Y Couch YCox
Y Crawford
Y Crosby
Y Cummings,B Cummings,M
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 Y Heard
Y Hensley
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
YLane.D Y Lane.R Y Langford
Y Lawler Y Lawrence Y Lawson
YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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 YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith.P

Y Smith.T Y Smith.W YSmyre YSnow
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
White Wilder
Williams.B
Williams,J Y Wilson
YWood
Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1208.

By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide a $4,000.00 homestead exemption from City of Savannah ad valorem taxes for residents of that city who are age 65 years or over and who have a net income not exceeding $8,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Brooks

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

Cummings.M 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 Hanner

Y Harris
Y Hasty Y Heard
Y Hensley 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 Linder
Long
YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie

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JOURNAL OF THE HOUSE,

Y Mueller Y Oliver.C Y Oliver.M 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 Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson

Y Royal Selman
Y Shepard Y Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith,? Y Smith.T Y Smith,W
Y Smyre Y Snow
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
White Wilder WWwii.lTll|ii.aammss,'dB, XY ,,,"sTM Y Wood Y Workman V Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 160, 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 adopted the report of the 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 following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

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

SB 418. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifica tions, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 418. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifica tions, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, JANUARY 13, 1988

69

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

HR 576. By Representatives Thomas of the 31st, Orrock of the 30th, Thurmond of the 67th, Stanley of the 33rd, Walker of the 85th and Sinkfield of the 37th:
A resolution commending Coretta Scott King and inviting her to address the House of Representatives.

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

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 652

The Committee of Conference on HB 652 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 652 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ J. Tom Coleman, Jr.
Senator, 1st District
/s/ Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES: . ., /s/ Tr'Plett Representative, 128th District
/s/ j D Jackson Representative, 9th District

/s/ Waymond C. Huggins Senator, 53rd District

/s/ Terry L. Coleman Representative, 118th District

A BILL
To amend Code Section 40-6-181, relating to maximum speed limits, so as to increase the maximum speed limits on certain interstate highways; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-181, relating to maximum speed limits, is amended by striking subsection (b) of Code Section 40-6-181, relating to maximum motor vehicle speed limits, which reads as follows:
"(b) No person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district; (2) Fifty-five miles per hour in other locations; and

70

JOURNAL OF THE HOUSE,

(3) Forty miles per hour in any location which is within or adjacent to a construc tion or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) No person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) Thirty miles per hour in any urban or residential district; (2) Forty miles per hour in any location which is within or adjacent to a construc tion or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed; (3) Sixty-five miles per hour on a highway on the federal interstate system which is outside of an urbanized area of 50,000 population or more; and (4) Fifty-five miles per hour in other locations."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Triplett of the 128th moved that the House adopt the report of the Committee of Conference on HB 652.
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 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 Y Brooks Y Brown YBuck
N Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks N Childers
Clark.B
Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch
YCox
Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis,G Y Davis.M Y Dixon
Dobbs Y Dover NDunn Y Edwards Y Felton Y Floyd Y Foster YGaler
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover N Hamilton Y Banner Y Harris Y Hasty Y Heard Y Hensley
Herbert Y Holcomb

N Holmes Y Hooks Y Hudson Y Isakson Y Jackson,,! 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 Linder N Long YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald N McKelvey Y McKinney Y Meadows Y Milam
Y Milford Y Mobley N Moody Y Moore Y Morton

On the motion, the ayes were 153, nays 16. The motion prevailed.

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orrock Y Padgett N 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
N Redding Y Richardson Y Ricketson Y Robinson Y Royal N Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

Representatives Lupton of the 25th and Townsend of the 24th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

WEDNESDAY, JANUARY 13, 1988

71

Representatives Herbert of the 76th and Godbee of the 110th 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.

Representative Groover of the 99th moved that pursuant to the provisions of Article III, Section V, Paragraph XIII of the Constitution of the State of Georgia that HB 652 be transmitted to the Governor for action as provided for by that section of the Constitu tion.

The Speaker ruled that the motion would be taken up for consideration immediately following the period of unanimous consents on the next legislative day.

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

HB 1183. By Representatives McDonald of the 12th and Murphy of the 18th:

A BILL
To provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to State Fiscal Year 1987; 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. The sums of money hereinafter provided are hereby appropriated as supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims charge able to State Fiscal Year 1987 and are in addition to any other appropriations heretofore or hereafter made.
Budget Unit: Department of Medical Assistance Medicaid Benefits ...............................................................................................$ 27,654,867 Total Funds Budgeted........................................................................................! 27,654,867 Federal Funds Budgeted....................................................................................! 17,654,867 State Funds Budgeted........................................................................................$ 10,000,000
Section 2. TOTAL STATE FUND APPROPRIATION STATE FISCAL YEAR 1988............................................................................$ 10,000,000
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering HB 1183, designating Representative McDonald of the 12th as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1183 back to the House with the recommendation that the same Do Pass.
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:

72

JOURNAL OF THE HOUSE,

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
Branch Y Brooks
Brown
YBuck Y Buford YByrd
Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark,L
Colbert

Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y 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 Y Groover Y Hamilton
Manner
Y Harris Hasty
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 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 McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M
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 YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson 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 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
Wilder
Y Williams,B
Williams,J
Y Wilson
YWood
Y Workman
Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1183 was order immediately transmitted to the Senate.

The Speaker announced the House in recess until 10:45 o'clock, this morning. The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 543 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the pur pose of hearing an address from the Governor, was called to order by the President of the
Senate, Lieutenant Governor Zell Miller.

The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Joe Frank Harris, appeared upon the floor of the House and deliv
ered the following address:

Lieutenant Governor Miller, Speaker Murphy, members of the General Assembly, mem bers of the Appellate Courts, constitutional officers, members of the Consular Corps, distinguished guests, ladies and gentlemen:
As we begin 1988, the State of Georgia is headed in a very positive direction. During the year ahead, we are facing a historic opportunity. With hard work, imagination, and with boldness, this period can be seen as one of the great creative moments in our state's his tory.

WEDNESDAY, JANUARY 13, 1988

73

I feel immense "pride" in our state, not only in its magnificent beauty and its people, but in our progress and the positive change that we have accomplished together over the past five years.
By any standard or measure, our improvements have been excellent in all areas, including our economy, population, living standards, educational and human needs.
The temptation we must avoid is taking the easy route: reacting to change day to day, blindly following every fad and trend, our vision extending no farther than tomorrow's headlines and our ambitions limited to the next election or the next session.
I ask you to join me today in managing change, for the future prosperity and well-being of Georgia. We must not only think about today and tomorrow, but also the day after tomorrow.
When you review my budget and administration legislation, I ask you to look beyond the numbers, the quantity of new initiatives, or the dollars and cents requested. Instead, I ask that you consider the foundation we are building for the future of Georgia, for the day after tomorrow.
It is that connection to a long-term vision for Georgia that will make what we do this session memorable. Vision is what separates governing from just passing legislation, and vision is what turns the funding of progress into the duty and privilege of investing in the future of Georgia.
Realizing the distance we have travelled, from educational inconsistency to educational uniformity, from economic uncertainty to economic stability, we can be proud, but we must not be complacent. We cannot dwell on remembered glory.
In economic development, we should not be satisfied with the remarkable growth rates we have achieved. Our multi-year outlays for transportation, our continued expansion of port facilities, and our intensive assistance for environmental facilities all represent a downpayment on a respectable place in tomorrow's global economy.
Our successful cultivation of international flights and international facilities clearly indi cates that we have become an economic force, not just in the southeast, but in the world marketplace.
Many countries now have full or part-time career consulates, trade, and tourism offices in Georgia. The centerpiece of our emerging international character remains Hartsfield Inter national Airport, a dynamic demonstration of what the south is now and will be in years to come -- the world's largest, and I might now officially add, the world's busiest airport.
In natural resources, recreation, and the environment, we are building a reputation for wise conservation and cooperation between business and government. We see no ultimate contradiction between economic development and resource management.
To ensure that we achieve balance between development and the resources needed to sus tain growth into the 21st century, and between the state's role in preserving our heritage of land, water, and physical facilities, we launched a commission of growth strategies. Its mandate is to devise a comprehensive plan for development policy, respecting state, local and regional interests, and guaranteeing that every element of government concerned with future growth is carefully coordinated.
Wise investment in a growth strategy today will return vast dividends tomorrow, and fail ure to act now may be opportunities lost forever. A successful growth strategies program can make the 1990's a historic period when by conscious choice we developed our land, our natural resources, and our environment into what we want it to become, instead of simply letting things happen and overreacting.

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Yes, as we begin 1988, we are headed in a positive direction. For 49 straight months, Georgia has experienced sustained economic growth. Each year, record levels of new busi ness investment have reflected a growing confidence in our education reform initiatives, in our talented labor force, and in our "quick start" training programs.
While our course seems clear, we live in a time of change and challenge more profound than any time before. To a large extent, the economy in Georgia is determined by national economic conditions. Right now, the prospects for the national economy are uncertain.
However, and let me emphasize: the foundation we have built in Georgia is solid. Our eco nomic diversity is providing more opportunity, more mobility, more abundance, and is dis tributing it more widely among our citizens than at any time in the history of our state.
We are investing the proceeds of our current prosperity towards permanent prosperity by managing state government and public money in the most far-sighted manner possible. Keeping our debt to a minimum, avoiding new taxes, and achieving the best bond rating in history. Some of our sister states have achieved much less and are now facing debt limitations, revenue shortfalls and tax increases. I think this reinforces just how fortunate we are.
Fiscal management is not very exciting for headline writers. It never make news when we refinance G.O. bonds and save future Georgians millions of dollars, but it may have a greater effect on our children than anything else we do. Years from now, when times may not be so good, our foresight in managing public funds may allow new schools that could otherwise not be built, and public services that would otherwise not be possible.
- For Example:
- Our Quality Basic Education Program is firmly in place and we are building our reputa tion as a leader of education reform by now focusing on literacy skills for adults.
- Our 32 vocational institutions are beginning to resemble a true statewide system, with comparable policies and quality, uniform instruction throughout Georgia.
- In higher education, we are building on a proud tradition of independence and academic integrity nutured by a commitment of unprecedented university research through the Georgia research consortium.
- We have accelerated our plan for expanding state port facilities, especially for shipping of agriculture exports, forestry products, and automobile imports, which are now expected to exceed 300,000 units by next year.
- We have supported a massive expansion of tourism promotion, along with an intensified effort to develop tourism destination centers in every part of the state, not just in Atlanta and along the Georgia coast.
- In public safety, we are coordinating our efforts in criminal justice, from interdiction of the drug traffic on the coast and in the mountains and working with county officials to manage the jail and prison populations to cracking down on drug abuse, and on drunk driving.
In health and human services, my budget recommendations include a variety of initiatives and improvements. However, there is one point I want to make clear.
We do not provide health care or public education or aid to families with dependent chil dren just because of some vague sense of social responsibility. Every dime we spend on human needs, no matter how immediate the distress, is really aimed at a future generation of Georgians: at our children, we simply cannot expect to raise a generation of proud, inde pendent, intelligent and productive Georgians if their bodies are weak, their minds are impoverished, and their spirits cramped by broken families, inadequate shelter, or an unhealthy environment.

WEDNESDAY, JANUARY 13, 1988

75

In reviewing my recommendations on health, education, assistance for the homeless, and care for those who cannot care for themselves, let me remind you that we are not handing out money for charity, but investing in our children, and when they grow up into strong, skilled and responsible adults, they will pay back our investment many times over. This is why we must continue our investment with the budget recommendations I have submit ted to you today.
In fiscal year 1989, I am recommending Georgia's first $6 billion budget -- a spending pro gram totaling $6.2 billion, some $472 million -- or 8.2 percent -- over the current budget.
This is the second largest dollar increase in a single year. On a percentage basis, it reflects a leveling off in revenues which should make us all very careful of how we spend state funds in both the fiscal year 1988 amended and fiscal year 1989 budgets.
Ninety percent of the $472 million in new money will go into five areas, $198.6 million for education including pay raises, $31.5 million in cost-of-living pay raises for state employees, $122.4 million for health and social services, $40.3 million for highway con struction, and $31.7 million for corrections.
For our public school teachers, I am recommending a 3 percent pay raise. Beginning teach ers' pay would increase to $17,820. The teachers' longevity factor would increase from 2.7 percent to 2.8 percent as a continuation of my commitment to reach 3 percent over a fiveyear period. The average teacher salary is projected to be $26,900.
In addition, I am recommending $6.9 million to provide one-time cost-of-living adjust ments for our retirees. Funding for cost-of-living adjustments similar to those received by retired teachers are provided for retired state employees and retired school bus drivers and lunchroom workers.
University system personnel, all employees of the executive, legislative and judicial branches, school bus drivers, and lunchroom workers, will receive 2.5 percent cost-of-living salary increases.
Public schools are slated for over $70 million to fund QBE and other improvements in the classroom. The largest increases include $13.6 million to fully fund the middle school pro gram for all qualifying systems, $11.8 million to expand the equalization formula to help the less wealthy school systems, $4.7 million to increase the QBE formula operations cost, and $16.5 million to complete funding of the $58.5 million shortfall in the health insurance fund for teachers.
New QBE programs being funded include pilot projects for the in-school suspension pro gram, a three-year phase-in of a special program to teach English to foreign students, and expansion of the program for the multihandicapped.
Most of the new funds for the university system -- other than for pay increases -- will go into the regents formula to provide for a continuing increase in enrollment and for increased operational expenses.
With $10 million, we are launching the special funding initiative to make improvements that are not covered by the current formula. This will mean expanded research, reducing faculty-student ratios in university undergraduate programs, and improvements in nursing and teacher preparation programs.
Continuing my commitment to improve vocational technical training, I am requesting $2.4 million to convert eight more technical institutes to state governance. They are located at Albany, Lanier, Chattahoochee, Moultrie, Thomas, Upson, Valdosta and Walker. With these conversions, 25 of the state's 32 technical institutes would be under state governance. Start-up costs are also provided for four new institutes now under construction: North Metro, Vidalia, Jesup and Statesboro.
Adult literacy is the only area of education in Georgia that has not been reformed over the last five years. In response to a task force which studied this problem, I am requesting

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$2 million in new funds and will be recommending an office of adult literacy be estab lished in the Board of Postsecondary Vocational Education.
In addition to these education funds, my amended fiscal year 1988 budget includes $238.4 million in school construction funds, $154.6 million for public schools, $19.3 million for public libraries, $58 million for higher education, and $6.5 million for postsecondary voca tional education facilities.
One of the most important issues in my second term is to improve the health and wellbeing of Georgia's children. Because this is a priority, we established the past year a Commission on Children and Youth to plan the most effective ways to meet the needs of our children. In the current budget, we are spending $6 million on children's programs. In 1989, I propose that we more than triple state expenditures to $18.8 million.
The expenditures include:
-- $12.2 million to provide matching funds for medicaid coverage for pregnant women, infants and children up to age three whose family income does not exceed the federal pov erty level. This program will expand health care coverage to approximately 20,000 women and children in fiscal year 1989.
-- $2.1 million for infant mortality programs as we work to reduce the infant mortality rate to 9 deaths per 1,000 births by 1990.
-- $1.5 million for 40 additional residential placements for troubled children.
-- And $1.3 million for alternatives to incarceration of juvenile offenders.
The expanded funding includes two Comprehensive Teen Center Pilot Projects, Teen Pregnancy Prevention Programs, Child Abuse and Neglect Prevention Programs, the Child Support Recovery Program, expansion of the Vision and Diabetes Program in Children's Medical Services, and specialized foster care for children with AIDS.
I am recommending $2.9 million in state matching funds to increase the AFDC maximum payment by 2.8 percent. I am also recommending $500,000 to expand the employment pro gram for mothers on welfare.
One of the fastest growing programs in government is medicaid. While the state budget is increasing 8.2 percent, a 15.3 percent increase in state matching funds is required to continue medicaid coverage to eligible recipients. A total of $49.8 million is required because of utilization increases, a decrease in the federal matching rate and medicare pre mium increases for medicaid recipients eligible for medicare. I am also recommending an additional $11.7 million for increases to medicaid providers to maintain quality medical services.
Our current efforts to address homelessness are inadequate at every level. In my supple mental budget, I announced a program that will supply about $14 million in the current year to help provide shelter and other critical services to the homeless. In addition, I pro pose to create a State Housing Trust Fund to provide shelters and low income housing for the homeless with financing by a small increase in real estate transfer taxes.
Beyond that, I propose an expansion of services to the chronically mentally ill by adding new resources to the Community Mental Health Centers. My 1989 recommendations include $3.5 million for this purpose.
I also recommend to you a new initiative involving the state, the Fulton County Board of Health, and a non-profit group called Project Interconnections. This group has committed to raise $1 million privately to sponsor a residential facility for the homeless, and I am proposing $400,000 to provide staffing and operating support of this facility. This is an excellent example of how government and business can and must work together to help those in need.

WEDNESDAY, JANUARY 13, 1988

77

Even though my administration has opened or funded for construction over 8,000 new beds within the State's Correctional System, our prisons and local jails are still filled beyond capacity. Almost half of the beds now under construction will be ready for opening this year and my recommendations include $12.3 million to put them into immediate oper ation.
The new facilities are 750-bed prisons in Lowndes and Ware counties, a 150-bed housing unit at the Dodge Correctional Institution, a 75-bed transitional center converted from old prison space in Lowndes, and a new 50-bed diversion center at Savannah. In addition, my amended budget recommendations provide funds to construct an additional 2,675 beds, increasing the total during my administration to well over 10,500.
$1.2 million is needed to add 77 additional probation personnel in anticipation of a 9.7 percent increase in the caseload and to pick up operation of the Richmond County Proba tion System. Parole services will be expanded, including 20 new positions, at a cost of $527,000. Also, included is $2.5 million to help provide legal defense representation in criminal cases for indigent Georgians.
Transportation is also an important element of our economic development package. A $40.3 million increase for the Department of Transportation will help to improve Georgia's highways. These funds will provide $40 million for LARP, including $11 million in new funds from the State's General Treasury. Other items are $66.4 million for state/local road construction, $50 million for on-system resurfacing and rehabilitation, and $25 million for the four-lane/passing lane program.
An additional $5 million from federal interstate payback funds will increase appropriations at this session for the growth corridors program to $50 million. When added to $50 million I have committed in next year's amended budget, this will maintain my commitment of $100 million each year for this program.
Our tourism and economic development promotions are earning recognition around the world. I am requesting $686,000 to increase advertising to implement the fourth year of our tourism promotion program to expand economic development.
I am also recommending $321,000 for repairs and maintenance to upgrade visitor informa tion centers throughout the state.
For the Department of Natural Resources, I am recommending $1.6 million to staff and start up operations at the new Lodge/Conference Centers at Amicalola Falls, Red Top Mountain and Sandy Creek State Parks.
Also, I ask that you add $100,000 to recreation grants to bring the total to $500,000. I am also asking that you require a 50-50 match to increase its overall level to $1 million. With the approval of the General Assembly, the department also will plan a statewide toll-free central reservations system for state park cabins and lodge rooms to be paid from park receipts.
In the area of agricultural services, $800,000 is requested to open the Tifton satellite labor atory and to enhance the department's computers.
In line with my commitment to spread development throughout all Georgia, I am propos ing the appropriation of $175,000 to fund the establishment of an office of rural develop ment to serve as a focal point at the state level for information, data and assistance to rural Georgia.
Throughout the next 38 days, you will see much legislation, arguments pro and con, and the constant need for balancing limitless needs against limited resources. As this session runs towards conclusion, our ultimate goals may be obscured by temporary objectives.
However, I want to repeat my pledge of cooperation, and my invitation to productive teamwork with each of you in the General Assembly.

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Our jobs are difficult and sometimes thankless and controversial, but the results of our efforts have been constructive; they are necessary, and must continue.
What we accomplish this year, in each challenge we face, will set our course for the bal ance of the 1990's -- indeed into the next century. Let's manage change for Georgia, not just react to it. Let's invest together in the future of Georgia and keep Georgia headed in a positive direction.
Thank you and God bless each one of you.

Senator Allgood of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

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.

THURSDAY, JANUARY 14, 1988

79

Representative Hall, Atlanta, Georgia Thursday, January 14, 1988

The House met pursuant to ajournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams,G Adams,M Aiken Alford Alien Athon Atkins Bailey Balkcom Bannister
Bargeron Barnett,B Barnett,M Beck
Benefield Birdsong Bishop Bostick Branch Brooks Brown Buck Buford Byrd Carrell
Carter Chambless Cheeks Childers Clark.H Clark.L Colbert

Coleman Colwell
Connell Couch Cox Crawford
Crosby
Cummin_ Cummings,M Davis.G Davis.M Dixon Dobbs Dover Dunn Edwards Felton Floyd Foster
Galer Godbee Goodwin
Green Greene Greer Gresham Griffin Groover
Hamilton
Hanner Harris Hasty

Heard
Hensley Herbert Holcomb
Hooks Hudson Isakson Jackson.J Jackson.W Jamieson Johnson,R Lane,D Lane.R
Langford Lawler Lawrence Lawson Lee Linder Long Lord Lucas
Lupton Mangum Martin McCoy McDonald McKelvey Meadows Milam Mobley
Moody

Moore Morton Mostiler
Moultrie Mueller
Oliver.C Oliver.M Orrock Padgett Parham Parrish Patten Peters Pettit Phillips Pittman Porter Powell Prichard
Rainey Ramsey.T Ramsey.V Randall
Ransom
Ray Redding Richardson Ricketson Robinson Royal Shepard
Sherrod

Simpson Sinkfield Sizemore Smith.L Smith.T Smith.W Smyre Snow Stand! Stanley Steinberg Stephens Thomas.C Thomas,M Thurmond Townsend Twiggs Waddle Waldrep
Walker.C
Walker.L
Wall
Ware
Watson
Watts
White
Wilder
Williams.B
Wilson
Wood
Yeargin

Prayer was offered by the Reverend Julian Griner, Pastor, First Baptist Church, Baxley, 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.

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JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1282. 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 annual registration and licensing of motor common carriers and motor con tract carriers operated under a certificate or permit.
Referred to the Committee on Motor Vehicles.
HB 1283. By Representatives Ramsey of the 3rd, Foster of the 6th and Griffin of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility required for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only.
Referred to the Committee on Industry.

HB 1284. By Representative Steinberg of the 46th:
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 services, generally, so as to prohibit access to the use of certain telephone numbers when solicitations to call such numbers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.
Referred to the Committee on Rules.

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.
Referred to the Committee on Public Safety.

HB 1286. By Representative Godbee of the 110th: A bill to provide a new charter for the City of Millen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1287. By Representative Alford of the 57th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Anno tated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail, so as to provide for a separate receipt for such license and requirements for such receipt.
Referred to the Committee on Special Judiciary.

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HB 1288. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of a roadway, over taking, and passing under the uniform rules of the road, so as to prohibit any person from operating a vehicle for more than a certain distance in any lane which is designated for left turns only by vehicles traveling in either direc tion on such road, street, or highway.
Referred to the Committee on Motor Vehicles.

HB 1289. By Representative Prichard of the 8th:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in felony cases, so as to change the provisions relating to the number of peremptory challenges in certain cases where the death penalty is sought and in certain cases which may result in imprisonment.
Referred to the Committee on Special Judiciary.

HB 1290. By Representative Prichard of the 8th:
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 provide that each magistrate court and each magistrate thereof shall have the jurisdiction and authority to issue and enforce temporary protection orders pursuant to Code Section 19-13-5.1.
Referred to the Committee on Judiciary.

HB 1291. By Representative Prichard of the 8th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by the superior courts for certain acts of family violence so as to authorize the granting of tempo rary, emergency relief by a magistrate for certain acts of family violence.
Referred to the Committee on Judiciary.

HB 1292. By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Anno tated, relating to enforcement of subpoenas, so as to provide that subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Section 15-6-8.
Referred to the Committee on Special Judiciary.

HB 1293. By Representative Prichard of the 8th:
A bill to amend Code Section 44-5-168 of the Official Code of Georgia Anno tated, relating to adverse possession of mineral rights, so as to require the tax receiver or tax commissioner of each county to maintain a separate record of the payment of taxes on any mineral rights or interests in such county.
Referred to the Committee on Special Judiciary.

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HB 1294. By Representative Prichard of the 8th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that in cases where visitation rights have been provided to the noncustodial parent, the custodial parent shall have to provide certain information concerning the residence of the child so that the noncustodial parent may satisfy his or her visitation rights.
Referred to the Committee on Special Judiciary.

HB 1295. By Representative Prichard of the 8th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the penalty for the failure to appear or unauthorized absence of a juror.
Referred to the Committee on Special Judiciary.

HB 1296. By Representative Prichard of the 8th:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in felony cases, so as to change the provisions relating to the number of jurors which must by impaneled in certain felony cases and in certain death penalty cases.
Referred to the Committee on Special Judiciary.

HB 1297. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Administrative Services, so as to change certain provisions relating to the provision of administrative services to local political subdivisions; to provide for a reserve fund to be used for the purchase of certain equipment.
Referred to the Committee on State Institutions & Property.

HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Anno tated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a popu lation of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on State Planning & Community Affairs.

HB 1299. By Representative Crosby of the 150th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehi cles, so as to change the assessed valuation of motor vehicles held by motor vehicle dealers.
Referred to the Committee on Ways & Means.

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HB 1300. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, so as to change the provisions relating to public utilities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1301. By Representative Porter of the 119th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Anno tated, relating to the production of documents and things and entry upon land for inspection and other purposes, so as to exclude from production or inspection those documents which are confidential under certain mental health laws.
Referred to the Committee on Judiciary.

HB 1302. By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Anno tated, relating to professional corporations, so as to provide that a share holder of a professional corporation must be an active practitioner in the corporation which issued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.
Referred to the Committee on Judiciary.

HB 1303. By Representative Robinson of the 96th:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Chapter 62 of Title 36, known as the "Development Authorities Law," so as to change the definition of the term "project"; to qualify a charitable corporation, association, or similar entity to finance the acquisition, construction, leasing, or financing of office buildings.
Referred to the Committee on Judiciary.

HB 1304. By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th, Carter of the 146th, Harris of the 84th and others:
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 change the definition of a "used car dealer;" to change the composition of the State Board of Registration of Used Car Dealers.
Referred to the Committee on Motor Vehicles.

HB 1305. By Representatives Jackson of the 9th and Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals.
Referred to the Committee on Health & Ecology.

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HB 1306. By Representatives Jackson of the 9th, Childers of the 15th, Wood of the 9th and Lawson of the 9th:
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 provide that family daycare centers be included in those facilities which are subject to certain space requirements.
Referred to the Committee on Motor Vehicles.

HB 1307. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-30 of the Official Code of Georgia Anno tated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees.
Referred to the Committee on Motor Vehicles.

HB 1308. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Anno tated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.
Referred to the Committee on Motor Vehicles.

HB 1309. By Representatives Walker of the 85th, Redding of the 50th, Thomas of the 31st, Lucas of the 102nd, Brown of the 88th and others:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Environmental Facilities Authority, so as to establish small minority business participation goals for projects of the authority.
Referred to the Committee on Industry.

HB 1310. By Representatives Walker of the 85th, Redding of the 50th, Thomas of the 31st, Lucas of the 102nd, Sinkfield of the 37th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations.
Referred to the Committee on Banks & Banking.

HB 1311. By Representative Lawler of the 20th:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Anno tated, relating to dogs, so as to provide for liability of certain owners or custodians of certain dogs to the owners of llamas or alpacas for damages, death, or injury caused by such dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for liability of certain persons or owners of dogs to owners of llamas or alpacas for death or injury caused by such dogs.
Referred to the Committee on Judiciary.

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HB 1312. By Representative Adams of the 79th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Anno tated, relating to unfair methods of competition and unfair and deceptive acts or practices in the business of insurance, so as to provide that under cer tain circumstances an insurer shall not charge an individual a different rate of coverage on a policy of motor vehicle insurance solely because the indi vidual is under 26 years of age.
Referred to the Committee on Insurance.

HB 1313. By Representatives Ray of the 98th, Edwards of the 112th and Pinkston of the 100th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Anno tated, relating to monthly meetings of county school boards, so as to author ize county school boards to hold meetings at places within the county instead of at the county seat if a local law so provides.
Referred to the Committee on Education.

HB 1314. By Representatives Langford of the 7th, Porter of the 119th, Sherrod of the 143rd, Rainey of the 135th, Branch of the 137th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the sales and use tax, so as to provide that the sales and use tax shall not apply to sales of liquefied petroleum gas or other fuel used to heat a structure in which hogs or swine are used.
Referred to the Committee on Ways & Means.

HB 1315. By Representatives Crosby of the 150th, Murphy of the 18th, Buck of the 95th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to tuition equalization grants at private colleges and universi ties, so as to provide that no grant shall be made to any student who is enrolled in one or more classes of any private college or university which are conducted at an off-campus location which is within 45 miles of an insti tution of the university system without the written consent and approval of the institution of the university system which serves such off-campus loca tion.
Referred to the Committee on University System of Georgia.

HB 1316. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, McCoy of the 1st and others:
A bill to amend Code Section 45-16-66 of the Official Code of Georgia Anno tated, relating to annual training required of certified coroners, so as to pro vide that certain expenses of training required of certified coroners or deputy coroners shall be paid from state funds.
Referred to the Committee on Appropriations.

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HB 1317. By Representatives Crawford of the 5th, McCoy of the 1st, Snow of the 1st and Edwards of the 112th:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Anno tated, relating to the duties of the coroner, medical examiner, etc., upon receipt of notice of suspicious or unusual death, so as to authorize the medi cal examiner or coroner to have the body embalmed to avoid the threat of infectious disease prior to release of the body to next of kin.
Referred to the Committee on Health & Ecology.

HB 1318. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, McCoy of the 1st and others:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that in the case of a death resulting from an apparent accident, homicide, suicide, or from an undetermined cause, the investigating coroner or medical examiner may require that a chemical blood test or other analysis deemed necessary be performed on the person to determine the presence of alcohol or drugs.
Referred to the Committee on Health & Ecology.

HB 1319. By Representative Thompson of the 20th:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens so as to provide that a conditioned air contractor who is not licensed as required by Chapter 14 of title 43 shall not be entitled to a mechanics and materialmen lien on any real estate or other property on which such conditioned air contractor performs or furnishes conditioned air contracting.
Referred to the Committee on Special Judiciary.

HB 1320. By Representative Thompson of the 20th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, and conditioned air con tractors, so as to define the term "wholesaler";to make it unlawful for a wholesaler to sell any conditioned air system or conditioned air equipment to a conditioned air contractor who does not have a valid license, which violation shall be a misdemeanor.
Referred to the Committee on Industry.

HB 1321. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Anno tated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to cor rect certain references.
Referred to the Committee on Retirement.

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HB 1322. By Representatives Mueller of the 126th, Ramsey of the 155th, Alien of the 127th, Goodwin of the 63rd, Gresham of the 21st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to require verification that the person to whom an alcoholic beverage is sold or otherwise furnished is 21 years of age or older.
Referred to the Committee on Regulated Beverages.

HB 1323. By Representatives Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Johnson of the 123rd, Triplett of the 128th and others:
A bill to create the Chatham-Savannah Youth Futures Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th, Chambless of the 133rd, Hooks of the 116th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.
Referred to the Committee on Industry.

HR 573. By Representative Harris of the 84th: A resolution compensating Mr. Greg Harden.
Referred to the Committee on Appropriations.

HR 574. By Representatives Ramsey of the 3rd, Foster of the 6th and Griffin of the 6th:
A resolution creating the Joint Study Committee on State Operated Workers' Compensation Insurance Funds.
Referred to the Committee on Rules.

HR 575. By Representative Prichard of the 8th:
A resolution proposing an amendment to the Constitution so as to provide that the superior courts shall have exclusive jurisdiction in equity cases except in the case of family violence as provided by law.
Referred to the Committee on Judiciary.

HR 577. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia.
Referred to the Committee on State Institutions & Property.

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HR 578. By Representatives Colwell of the 4th, McCoy of the 1st, Foster of the 6th and Snow of the 1st:
A resolution authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company).
Referred to the Committee on State Institutions & Property.

HR 579. By Representatives Jamieson of the llth and Dover of the llth: A resolution authorizing the lease of a certain tract of state owned property.
Referred to the Committee on State Institutions & Property.

HR 580. By Representatives Wilson of the 20th, Coleman of the 118th, Connell of the 87th, Pinkston of the 100th, Walker of the 115th and others:
A resolution creating the House Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.
Referred to the Committee on Rules.

HR 581. By Representatives Oliver of the 121st and Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor.
Referred to the Committee on State Institutions & Property.

HR 584. By Representative McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to hospitals for hospital projects; to provide that it shall not be necessary for the state or a state authority to take title to or own such projects; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960.
Referred to the Committee on Appropriations.

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

HB 1237 HB 1238 HB 1239 HB 1240
HHBB 11224422 THTBO I1Q2X4O3 HB 1244 HB 1245 HB 1246
HB 1247
HB 1248

HB 1249 HB 1250 HB 1251 HB 1252
THjBR 11025c3,
HB 1254
HB 1255 HB 1256 HB 1257 HB 1258 HB 1259

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HB 1260 HB 1261 HB 1262 HB 1263 HB 1264
HB 1266
HB 1269 HB 1270 HB 1271 HB 1272 HB 1273

HB 1274 HB 1275 HB 1276 HB 1277 HB 1278
HB 12?9
n-D 1280
HR 554 HR 571 HR 572 SB 418

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 House and has instructed me to report the same back to the House with the following recommendations:
HB 1223 Do Pass HB 1229 Do Pass HB 1226 Do Pass
Respectfully submitted, Is/ Thomas of the 69th
Chairman

Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 703 Do Pass, by Substitute
Respectfully submitted, /s/ Johnson 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 has instructed me to report the same back to the House with the following recommendations:

HB 1211 Do Pass HB 1236 Do Pass HB 77 Do Not Pass

HB 364 Do Not Pass HB 773 Do Not Pass

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Respectfully submitted, /s/ Adams of the 36th
Chairman
Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 551 Do Pass HR 549 Do Pass
Respectfully submitted, /s/ Triplett of the 128th
Chairman

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

HB 1211. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to change the composition and method of election of the Board of Education of Appling 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 1236. By Representative Watts of the 41st: A bill to provide for a new charter for the City of Dallas in Paulding County.

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

Representative Groover of the 99th arose to a point of personal privilege and addressed the House.

Pursuant to the provisions of Article III, Section V, Paragraph XIII of the Constitu tion, and a motion by Representative Groover of the 99th on the previous legislative day directing transmittal to the Governor, the following Bill of the House was again taken up for consideration:
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.

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Representative Groover of the 99th moved that further consideration of the motion to transmit to the Governor HB 652 be postponed until immediately after the period of unanimous consent on the 30th Legislative Day of the 1988 Regular Session.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 582. By Representative Sizemore of the 136th: A resolution commending the Worth County High School "Rams".

HR 583. By Representative Sizemore of the 136th: A resolution commending Coach Milt Miller.

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

HR 553. By Representatives Watson of the 114th, Kilgore of the 42nd, Byrd of the 153rd, Edwards of the 112th, Walker of the 115th and Connell of the 87th:
A resolution welcoming to the State of Georgia a delegation from the Australian Federal Parliament; inviting the delegation to appear before the House of Representatives.

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

HB 281. By Representatives Adams of the 36th and Isakson of the 21st:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to provide for definitions; to provide for legislative find ings and intent; to require certain political subdivisions before approving developments having a regional impact to receive certain reviews and recom mendations and take official action thereon.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, so as to pro vide for legislative findings and intent; to provide for definitions; to require certain political subdivisions before taking certain actions regarding developments having a regional impact to receive certain reviews and recommendations and take official action thereon; to provide for commission authority and review applications and fees; to provide standards for reviews, notifications regarding proposed developments, and resulting find ings, recommendations, and notifications; to provide for the effect of reviews, findings, and recommendations; to provide for rules and regulations; to provide for compliance and enforcement; to provide for the cumulative nature of review and recommendation proce dures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, is amended by adding after Code Section 50-8-92 a new Code section to read as follows:

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"50-8-92.1. (a) The General Assembly finds that it is in the public interest that each commission have the authority to review proposed developments having a regional impact and planned for that commission's area of operation in order to assess the poten tial consequences of those developments and to enable governing bodies in that area to mitigate to the fullest extent possible any negative aspects of those developments. It is not the intention of the General Assembly to limit the planning and zoning powers of any governing body with respect to actions concerning developments having a regional impact. It is the intention of the General Assembly, rather, to establish procedures for a regional review of those developments, to provide for findings and recommendations concerning those developments, and to provide for official governing body action upon any such recommendations prior to the final exercise of those planning and zoning powers or any other powers whereby governmental approval is otherwise required prior to such developments.
(b) For purposes of this Code section, the term: (1) 'Development application' means:
(A) The initial formal written request for any governmental land use action involving a development having a regional impact. Subsequent requests for any governmental land use action involving property for which was made such initial
formal written request shall not constitute a development application except under
the conditions specified in subparagraph (B) of this paragraph; or (B) Any formal written request to a governing body or governmental department
thereof to obtain approval of a substantially changed property use. (2) 'Development having a regional impact' means a development or redevelop
ment involving:
(A) Any office proposal in excess of 500,000 gross square feet; (B) Any commercial proposal in excess of 700,000 gross square feet;
(C) Any hospital proposal in excess of 600 beds; (D) A hotel proposal in excess of 500 rooms;
(E) Any housing proposal in excess of 500 units; (F) Any industrial proposal covering an area in excess of 500 acres, employing over 2,000 persons, or using over 100,000 gallons of water per day;
(G) Any mixed use proposal in excess of 500,000 gross square feet; (H) Any building proposed within 1,000 feet of the center of operating freeway
interchanges; (I) Any building proposed within 500 feet of operating rapid transit station
property lines; (J) Any combination of proposals described in subparagraphs (A) through (I) of
this paragraph; or (K) Any substantially changed property use.
(3) 'Governmental department' means a department or agency of a political sub
division legally empowered to take governmental land use action. (4) 'Governmental land use action' means an action to zone or rezone property, to
approve a subdivision plat, or to issue a building permit. (5) 'Substantially changed property use' means a proposed use of property so sub
stantially changed from the use for which the most recent governmental land use
action was obtained so as to require additional approval by the appropriate governing body or governmental department thereof, which proposed change would result in:
(A) Any use specified in subparagraphs (A) through (J) of paragraph (2) of this
subsection; (B) Any substantially more intense use of that property, according to criteria
established by regulation of the commission; or (C) Any use specified in both subparagraphs (A) and (B) of this paragraph.
(c) A commission shall have the authority to review all proposed developments hav ing a regional impact in its area of operation. That authority will not become effective
until that commission by resolution has approved the exercise of that authority, after
which that commission shall exercise such authority as provided for in this Code section. (d) After a commission's authority to review all developments having a regional
impact in its area of operation has become effective pursuant to subsection (c) of this

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Code section, neither the governing body of a political subdivision nor any governmental department thereof is authorized to approve or deny any development application in that area until that commission has notified that governing body concerning that pro posed development of that commission's findings and any recommendations pursuant to this Code section and that governing body has taken official action to accept or reject any such recommendations.
(e) An applicant seeking the approval of a development application by a governing body or governmental department thereof shall submit to any commission whose author ity to review that development has become effective, concurrently with formally submit ting the necessary application and documentation to obtain that approval, an application for a regional impact review. That application to that commission shall include such detailed information as that commission may reasonably request regarding the develop ment having a regional impact.
(f) Each application for a regional impact review shall be accompanied by an applica tion review fee payable by the applicant to the commission to which the application is made. This fee shall be determined according to a fee schedule established by each commission. This fee schedule shall establish fees sufficient to defray that commission's projected expense in conducting each review.
(g) After a commission receives a completed application for a regional impact review and the required application review fee, that commission shall conduct its review for consistency with regional plans and policies in order to determine whether the public
facility demands generated by the proposed development having a regional impact can be met. That commission shall use as a basis for its review the development guides
adopted pursuant to Code Section 50-8-92, including but not limited to the regional development plan, the wastewater management plan, the water supply plan, and the regional transportation plan and program. That commission may notify of that proposed
development having a regional impact those counties and municipalities to be affected by the development, whether or not they lie wholly or partially within the area, as well
as departments and agencies of the state, obtain their comments on that development, and forward those comments to the affected county or municipality.
(h) A commission shall complete its review and make its findings and any recom
mendations thereon within the 60 day period following that commission's receipt of a completed application for a regional impact review and the application review fee,
except that, upon written request from the appropriate governing body, which request is received at the time the application is submitted, the review, findings, and any recom
mendations thereon shall be completed within the 45 day period following that commission's receipt of such fee and completed application. Only if a commission
receives the completed application and the review fee required under this Code section but fails to make its findings and any recommendation within the time period required therefor by this subsection, the governing body or governmental department thereof
before whom the application is pending shall be authorized to take action on the appli cation without receiving those findings or recommendations, notwithstanding the provi
sions of subsection (d) of this Code section. (i) Based upon an application for a regional impact review and its own investigation,
review, and comments obtained under subsection (g) of this Code section, a commission
shall: (1) Find that the proposed development is consistent with its development guides;
or
(2) Find that the proposed development is not consistent with its development
guides and may recommend: (A) Modification of the development having a regional impact so as to lessen or
accommodate its impact; (B) Any combination of public and private actions to lessen or accommodate
such impact; or (C) Any combination of recommendations authorized under subparagraphs (A)
and (B) of this paragraph. (j) A commission shall notify of its findings and recommendations under subsection
(i) of this Code section:

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JOURNAL OF THE HOUSE,

(1) The applicant requesting the regional impact review; (2) The governing body which has pending before it or a governmental department thereof the development application; (3) The commissioner of the Department of Natural Resources; (4) The commissioner of the Department of Transportation; and (5) The commissioner of the Department of Community Affairs. (k) A commission's findings and recommendations made pursuant to this Code section shall in no way bind a governing body or governmental department thereof regarding its decision approving or denying a development application nor shall such findings or recommendations be admissible in any action against a governing body or governmental department thereof, except an action to enforce the provisions of this Code section pursuant to subsection (m) of this Code section. Prior to and separate from a decision to approve or deny a development application, such governing body shall take official action by the vote of a simple majority of the full membership thereof to accept or reject each recommendation made by the commission. The governing body shall not be required to vote separately on each of those recommendations as long as the final vote of that body reflects which recommendations were accepted and which were rejected. A governing body's acceptance of any such recommendation, however, shall thereby constitute such recommendation as a condition for the approval of the develop ment application, which condition shall be strictly complied with unless compliance with that condition is waived in writing by that governing body and by the commission. (1) A commission may implement the provisions of this Code section by rules and regulations after a public hearing thereon, notice of the time and place of which shall be mailed to the governing bodies of each municipality in the area and each county in the area. (m) Only a commission, the governing body of any political subdivision under the effective operation of this article, or any combination thereof, may bring an action to enjoin violation of or enforce compliance with any provision of this Code section, includ ing but not limited to compliance with conditions established and not waived under sub section (k) of this Code section, and such action shall be the exclusive remedy for the enforcement of this Code section. (n) The provisions of this Code section are cumulative of any other provisions of general law, including but not limited to those establishing procedures for the exercise of local government planning and zoning powers, and any ordinance or resolution of a political subdivision regarding the exercise of such powers."
Section 2. This Act shall become effective September 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Isakson of the 21st moved that further consideration of HB 281 be postponed until January 25, 1988, immediately following the period of unanimous con sents.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Barge ron Y Barnett,B Y Harriett,M YBeck Y Benefield

YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers

Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings,M 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 N Griffin Y Groover

Y Hamilton Y Manner Y Harris Y Hasty 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

THURSDAY, JANUARY 14, 1988

95

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 N McCoy Y McDonald Y McKelvey

N McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Moatiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Peters

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
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman

On the motion, the ayes were 161, nays 4. The motion prevailed.

Y Shepard Y Sherrod
Simpson
Y Sinkfield Y Sizemore
Y Smith.L 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 N Wall
Ware
Y Watson Y Watts
White Y Wilder
Y Williams.B Williams,J
Y Wilson
Y Wood Workman
Y Yeargin
Murphy,Spkr

HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change the compensation of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford 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
Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless
Chance Cheeks Y Childera Clark,B

Y Clark,H Y Clark.L Y Colbert
Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings.M 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
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty 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
N Langford Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald

McKelvey
Y McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Randall Y Ransom

YRay Y Reaves
Y Redding Y Richardson Y Ricketson 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 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

96

JOURNAL OF THE HOUSE,

Y Walker.C Y Walker.L Y Wall

Ware Y Watson Y Watts

Y White Y Wilder
Williams.B

Williams,J Y Wilson Y Wood

Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in general, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other similar entities of the executive and judicial branches.

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
Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Dixon Y 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 Y Hanner Y Harris Y Hasty 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 YLee Y Linder
YLong Y Lord
Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald
Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson 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 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
Y White
Y Wilder
Y Williams.B
Williams ,J
Y Wilson Y Wood
Workman
Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1203.

By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.

THURSDAY, JANUARY 14, 1988

97

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 YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Clark,L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y 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 Y Groover Y Hamilton Y Manner Y Harris Y Hasty 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 N Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M 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 Y Ransom
YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was

Y Sizemore Y Smith,L
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 Triplett YTwiggs 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,J
Y Wilson
Y Wood
Y Workman
Y Yeargin
Murphy,Spkr

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

HB 1347. By Representatives Bishop of the 94th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, Redding of the 50th and others:
A bill to amend Code Section 12-3-194 of the Official Code of Georgia Anno tated, relating to the powers of the Stone Mountain Memorial Association so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone Mountain.
Referred to the Committee on Regulated Beverages.

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

HB 1194.

By Representatives Lane of the 27th, Yeargin of the 14th, Royal of the 144th and Adams of the 36th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority", so as to provide for the use of the Authority's available revenues to construct, complete, and operate rapid transit projects beyond Phases A, B, and C of the rapid transit system.

98

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford 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 Birdaong Y Bishop Y Bostick Y Branch
Brooks
Y Brown
YBuck Y Buford
YByrd
Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Y Clark.L
Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M 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
Green
Y Greene Y Greer
Gresham
Y Griffin
Y Groover Y Hamilton
Manner
Y Harris Y Hasty 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
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller
Y Oliver.C
Y Oliver.M
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 Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson 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
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 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
Murphy.Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

FRIDAY, JANUARY 15, 1988

99

Representative Hall, Atlanta, Georgia Friday, January 15, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Adams.G Adams.M Aiken Alford Athon Atkins Bailey Balkcom
Bannister Bargeron Barnett,B Barnett,M Beck
Benefield
Birdsong Bishop Bostick Branch Brooks Brown Buck Buford
Byrd
Carrell Carter Chambless Chance Cheeks Clark,H Clark.L

Colbert Colwell
Connell Couch Cox Crosby Cummings.B Davis.M Dixon Dobbs Dunn
Edwards Floyd Foster Galer Godbee Goodwin Green Greene
Greer
Gresham Griffin Groover Hamilton Hanner Harris Hasty Heard Hensley Herbert Holcomb

Hooks Hudson Isakson
Jackson,J Jackson.W Jamieson Johnson,D Johnson.R
Kilgore
Kingston Lane.D Lane.R Langford Lawrence Lawson Lee Linder Long Lord Lucas Lupton Mangum McCoy McDonald Meadows Milam Mobley Moody Moore Morton
Mostiler

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

Sinkfieid Sizemore
Smith,L
Smith.T Smith.W
Smyre
Snow
Stancil Stanley Steinberg Stephens Thomas.C Thompson Thurmond Triplett Twiggs
Waddle Waldrep Walker.C Walker,L Wall Ware
Watson Watts Wilder Williams.B Wilson Wood Workman Yeargin Murphy ,Spkr

Prayer was offered by the Reverend Lee Swett, Pastor, Mountain Hill Baptist Church, Hamilton, 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.

100

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1325. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in certain counties sessions of superior court may under certain condi tions be held outside the county site in facilities of the state court.
Referred to the Committee on Judiciary.

HB 1326. By Representatives Lee of the 72nd and Patten of the 149th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Anno tated, relating to qualifying fees for party and public offices, so as to change the provisions relating to the distribution of qualifying fees paid to county and state political parties.
Referred to the Committee on Governmental Affairs.

HB 1327. By Representative Stephens of the 68th:
A bill to amend Code Section 44-9-40 of the Official Code of Georgia Anno tated, relating to the authority of the superior courts to grant easements for private ways, so as to change the maximum width restrictions applicable to such private ways.
Referred to the Committee on Special Judiciary.

HB 1328. By Representative Jackson of the 9th:
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, so as to provide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates.
Referred to the Committee on Motor Vehicles.

HB 1329. By Representative Greene of the 130th:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales and legal advertisements generally, so as to provide that all legal advertisements shall be published and printed in nine-point or larger type.
Referred to the Committee on Special Judiciary.

FRIDAY, JANUARY 15, 1988

101

HB 1330. By Representatives Thomas of the 69th and Groover of the 99th:
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 repeal certain provisions which provide that if two indictments are quashed future prosecutions are barred.
Referred to the Committee on Judiciary.

HB 1331. By Representatives Ramsey of the 3rd and Buck of the 95th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers in this state; to provide that such peri odic cost-of-living adjustments to the minimum annual salaries of the con stitutional county officers shall be based on cost-of-living adjustments received by employees in the classified service of the state merit system.
Referred to the Committee on Rules.

HB 1332. By Representative McKinney of the 35th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Clark College.
Referred to the Committee on Motor Vehicles.

HB 1333. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set.
Referred to the Committee on State Planning & Community Affairs.

HB 1334. By Representatives Jackson of the 9th and Johnson of the 72nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to authorize the department to cor rect records which contain improper, false, fraudulent, or invalid information.
Referred to the Committee on Motor Vehicles.

HB 1335. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs.
Referred to the Committee on Judiciary.

102

JOURNAL OF THE HOUSE,

HB 1336. By Representatives Patten of the 149th and Long of the 142nd:
A bill to amend Code Section 12-5-123 of the Official Code of Georgia Anno tated, relating to the creation of the State Water Well Standards Advisory Council, so as to provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council.
Referred to the Committee on Natural Resources & Environment.

HB 1337. By Representatives Jackson of the 9th, Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators, so as to provide that a person who has been declared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony.
Referred to the Committee on Motor Vehicles.

HB 1338. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, Townsend of the 24th, Bishop of the 94th and others:
A bill to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, so as to provide for a state housing surcharge to the real estate transfer tax.
Referred to the Committee on Ways & Means.

HB 1339. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th, Bishop of the 94th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to buildings and housing, so as to provide for the creation and establishment of the State Housing Trust Fund; to provide for a State Hous ing Trust Fund Commission.
Referred to the Committee on Ways & Means.

HB 1340. By Representatives Thomas of the 69th, Simpson of the 70th, Cummings of the 17th, Colwell of the 4th, Rainey of the 135th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to minimum school years and related subjects, so as to provide for a school year of less than 180 days under certain circumstances.
Referred to the Committee on Education.

HB 1341. By Representative Oliver of the 121st: A bill to recreate and establish the Board of Commissioners of Long County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1342. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.
Referred to the Committee on Appropriations.

FRIDAY, JANUARY 15, 1988

103

HB 1343. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Porter of the 119th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to pro vide for legislative purpose and intent; to provide a definition; to provide, under certain circumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.
Referred to the Committee on Rules.

HB 1344. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Porter of the 119th:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to the conduct of public meetings of public agencies, so as to provide legislative purpose and intent; to provide for and change definitions; to provide for procedures for and notices of meetings; to provide for and clar ify certain exemptions; to provide for enforcement, attorney's fees, and dam ages.
Referred to the Committee on Rules.

HB 1345. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-483 of the Official Code of Georgia Anno tated, relating to meetings of boards of directors, quorum, committees, and acting without meeting, so as to authorize the department to reduce the fre quency of required meetings of the board of directors.
Referred to the Committee on Banks & Banking.

HB 1346. By Representatives Galer of the 97th and Aiken of the 21st:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to require persons convicted of certain sexual offenses involving children to register with the sheriff in the county of such person's residence.
Referred to the Committee on Special Judiciary.

HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Anno tated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.
Referred to the Committee on Health & Ecology.

HB 1349. By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd, Parham of the 105th and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.

104

JOURNAL OF THE HOUSE,

By unanimous consent, HB 1349 was ordered engrossed.
Referred to the Committee on Health & Ecology.
HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Anno tated, relating to when post-mortem examinations or autopsies are to be per formed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.
Referred to the Committee on Special Judiciary.
HB 1351. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-70 of the Official Code of Georgia Anno tated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connec tion therewith.
Referred to the Committee on Retirement.

HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to account ants.
Referred to the Committee on State Planning & Community Affairs.
HB 1353. By Representatives White of the 132nd, Ramsey of the 3rd, Hanner of the 131st, Barnett of the 59th, Lucas of the 102nd and others:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Anno tated, relating to law enforcement powers of school security personnel in each public school system of the state, so as to authorize school security personnel to carry firearms or weapons for the purpose of carrying out law enforcement duties.
Referred to the Committee on Public Safety.

HB 1354. By Representatives Thompson of the 20th, Hensley of the 20th, Smyre of the 92nd, Benefield of the 72nd, Clark of the 20th and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Anno tated, relating to child molestation and aggravated child molestation, so as to change the definition of the offense of aggravated child molestation.
Referred to the Committee on Judiciary.
HB 1355. By Representatives Thompson of the 20th, Hensley of the 20th, Smyre of the 92nd, Benefield of the 72nd, Clark of the 20th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 15, 1988

105

HB 1356. By Representatives Thompson of the 20th, Hensley of the 20th, Smyre of the 92nd, Benefield of the 72nd, Clark of the 20th and others:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children, so as to clarify the penalties.
Referred to the Committee on Judiciary.

HR 585. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith.
Referred to the Committee on State Institutions & Property.

HR 586. By Representative Stephens of the 68th: A resolution creating the Joint Services for the Aged Study Committee.
Referred to the Committee on Rules.

HR 587. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th, Bishop of the 94th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a State Housing Trust Fund and to provide for funding for such fund and to provide that the funds in such fund shall not lapse and shall not be subject to the prohibition against using money in the state treasury to aid religious denominations or sectarian insti tutions.
Referred to the Committee on Appropriations.

HR 588. By Representative Isakson of the 21st: A resolution compensating Ms. Angie Callaway.
Referred to the Committee on Appropriations.

HR 589. By Representatives Buck of the 95th, McDonald of the 12th, Lee of the 72nd, Walker of the 115th, Coleman of the 118th and others:
A resolution creating the University System Laboratory, Equipment, Reha bilitation Technology, and Eminent Scholars Endowment Study Committee.
Referred to the Committee on Rules.

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

HB 1282 HB 1283 HB 1284 HB 1285 HB 1286 HB 1287 HB 1288 HB 1289 HB 1290

HB 1291 HB 1292 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299

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JOURNAL OF THE HOUSE,

HB 1300 HB 1301 HB 1302 HB 1303 HB 1304 HB 1305 HB 1306 tiD loU /
HB -H.JJ l1o3U0o9
HHBB 11331110 HB 1312 HB 1313 HB 1314 HB 1315 HB 1316 HB 1317

HB 1318
HB 1319 HB 1320 HB 1321 HB 1322 HB 1323 HB 1324 jjg 1347

TM "S U"D

K'7O

TM HR TM "S HR 577 HK 578 HR 579 HR 580 HR 581 HR 584

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 House and has instructed me to report the same back to the House with the following recommendations:
HB 1249 Do Pass HB 1251 Do Pass, as Amended HR 16 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1186 Do Pass, as Amended HB 1242 Do Pass HB 1275 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

Mr. Speaker:

FRIDAY, JANUARY 15, 1988

107

Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 778 Do Pass
Respectfully submitted, /s/ Wilson of the 20th
Chairman

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

HB 1242. By Representatives Shepard of the 71st, Mostiler of the 75th, Ware of the 77th and Meadows of the 91st:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenue in the county of Coweta," so as to provide for a special election by the qualified voters of respective road districts to fill vacancies which shall occur on 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 1275.

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 1186. By Representative Mobley of the 64th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to change the compensation of such mem bers to the amount authorized by general law for members of boards of edu cation.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1186 by striking line 46 of page 3 and inserting in its place the following:
"313, 318, 319, 323, and 324".

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

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JOURNAL OF THE HOUSE,

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

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

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority the following Bills of the Senate:

SB 21. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Adminis tration, so as to provide for the payment of overtime to employees in the classified service unless employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.

SB 127. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Adminis tration, so as to provide that employees in the classified service shall be enti tled to compensation for on-call time; to provide for the rate of compensation; to provide for rules and regulations.

SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applicability to the General Assembly as well as other govern mental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

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

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 Anno tated, 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 Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 276. By Senator Kidd of the 25th: A resolution relative to the "Good Eating in Georgia" menu.

FRIDAY, JANUARY 15, 1988

109

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

SB 21. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Adminis tration, so as to provide for the payment of overtime to employees in the classified service unless employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.
Referred to the Committee on Governmental Affairs.

SB 127. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Adminis tration, so as to provide that employees in the classified service shall be enti tled to compensation for on-call time; to provide for the rate of compensation; to provide for rules and regulations.
Referred to the Committee on Governmental Affairs.

SB 394. By Senators Dawkins of the 45th, Kidd of the 25th, Foster of the 50th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local governmental bodies; to provide for applicability to the General Assembly as well as other govern mental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.
Referred to the Committee on Rules.

The following Resolution of the House was read and referred to the Committee on State Planning and Community Affairs - Local:

HR 592. By Representatives Goodwin of the 63rd, Wall of the 61st, Pittman of the 60th, Mobley of the 64th and Lawson of the 9th:
A resolution urging the Board of Commissioners of Gwinnett County to create the Gwinnett County Citizens' Planning Task Force.

The following Resolutions of the House were read and adopted:

HR 594. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd and Smyre of the 92nd:
A resolution expressing sympathy at the passing of Mr. John Robertson Kinnett.

HR 595. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending the women's gymnastics team of the University of Georgia.

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JOURNAL OF THE HOUSE,

HR 596. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending Dr. Charles B. Knapp and inviting him to appear before the House of Representatives.

HR 597. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th and others:
A resolution commending and recognizing Ms. Gwen Torrence.

HR 598. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending the women's volleyball team of the University of Georgia.

HR 599. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending Ms. Lucy Wener.

HR 600. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending and recognizing the athletic accomplishments of the University of Georgia.

HR 601. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending the men's tennis team of the University of Georgia.

HR 602. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending the women's tennis team of the University of Georgia.

HR 603. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution recognizing the academic achievements of athletes of the Uni versity of Georgia.

HR 604. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending the baseball team of the University of Georgia.

HR 605. By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Lane of the lllth and Mobley of the 64th:
A resolution commending Ms. Katrina McClain.

HR 606. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution commending and congratulating Chief William M. Moss.

FRIDAY, JANUARY 15, 1988

111

HR 607. By Representatives Cox of the 141st and Long of the 142nd: A resolution commending the Bainbridge High School Bearcat Band.

HR 608. By Representatives Cummings of the 17th, Johnson of the 72nd and Hasty of the 8th:
A resolution commending Dr. George O. Marshall, Jr.

HR 609. By Representatives Cummings of the 17th and Murphy of the 18th:
A resolution commending and expressing appreciation to Jean Brumby upon the occasion of her retirement.

HR 610. By Representative Mobley of the 64th: A resolution commending Donald Hardigree.

HR 611. By Representatives Alford of the 57th, Royal of the 144th, Heard of the 43rd, Hensley of the 20th, McCoy of the 1st and others:
A resolution commending Dr. Henry Clark Bourne, Jr., of the Georgia Insti tute of Technology.

HR 612. By Representative Greene of the 130th:
A resolution expressing sympathy at the passing of Theodore Vernon Williams.

HR 613. By Representatives Mueller of the 126th, Triplett of the 128th, Johnson of the 123rd, Hamilton of the 124th, Pannell of the 122nd and others:
A resolution commending Ivey Danette Horton.

HR 614. By Representatives Mueller of the 126th, Triplett of the 128th, Johnson of the 123rd, Hamilton of the 124th, Pannell of the 122nd and others:
A resolution commending Jimmy Howard.

HR 615. By Representatives Mueller of the 126th, Triplett of the 128th, Johnson of the 123rd, Hamilton of the 124th, Pannell of the 122nd and others:
A resolution commending Buffi St. Jil Smith.

HR 616. By Representatives Mueller of the 126th, Triplett of the 128th, Johnson of the 123rd, Hamilton of the 124th, Pannell of the 122nd and others:
A resolution commending Gregg Stuart Sims.

HR 617. By Representatives Birdsong of the 104th, Pinkston of the 100th, Buford of the 103rd and Groover of the 99th:
A resolution expressing regret at the passing of Mr. David L. Lee.

HR 618. By Representatives Birdsong of the 104th, Pinkston of the 100th, Buford of the 103rd and Groover of the 99th:
A resolution expressing regrets at the passing of Mr. James D. Wigley.

112

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Industry:

HB 1282.

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 annual registration and licensing of motor common carriers and motor con tract carriers operated under a certificate or permit.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Motor Vehicles:

HB 1305.

By Representatives Jackson of the 9th and Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Health and Ecology:

HB 1306.

By Representatives Jackson of the 9th, Childers of the 15th, Wood of the 9th and Lawson of the 9th:
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 provide that family daycare centers be included in those facilities which are subject to certain space requirements.

Representative McKinney of the 35th, arose to a point of personal privilege and addressed the House.

The hour of convening the Joint Session pursuant to HR 545 having arrived the Senate appeared upon the floor of the House and the Joint Session, convened for the pur
pose of hearing an address from Chief Justice Thomas O. Marshall, Jr., was called to order by the President of the Senate, Lieutenant Governor Zell Miller.

The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort, Chief Justice Thomas 0. Marshall, Jr., appeared upon the floor of the House and addressed the Joint Session.

Senator Allgood of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Zell Miller, announced the Joint Session dissolved.

The Speaker called the House to order.

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

FRIDAY, JANUARY 15, 1988

113

Mr. Speaker: The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:
HR 565. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th and others: A resolution commending the Medical College of Georgia.
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 1366. By Representatives Porter of the 119th, Robinson of the 96th, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commod ities and commodity contracts and options.
Referred to the Committee on Judiciary.
HB 1367. By Representative Bishop of the 94th:
A bill to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Civil Prac tice Act," so as to provide that a potential plantiff may investigate the valid ity of a potential action for malpractice by filing a "Notice of Investigation" with the clerk of an appropriate court; to provide for the tolling of the statute of limitations under certain conditions.
Referred to the Committee on Judiciary.

HB 1371. By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to create the Commission of Children and Youth.
Referred to the Committee on Health & Ecology.

HR 593. By Representative Chance of the 129th: A resolution urging cooperation between state and local government in the posting of signs promoting use of motor vehicle seat belts.
Referred to the Committee on Motor Vehicles.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Anno tated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifications, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

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JOURNAL OF THE HOUSE,

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

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

Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M 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 Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty
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 McCoy Y McDonald
Y McKelvey Y McKinney Y Meadows YMilam Y Milford Y Mobley
Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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
Y Ramsey.V Y Randall
Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketson 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 YSmyre 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 Y Walker.L YWall
Y Ware
Y Watson
Y Watts
White
Y Wilder Y Williams,B
Wffliams,J
Y Wilson
Y Wood
Y Workman
Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 778 was ordered immediately transmitted to the Senate.

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

HR 565. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th and others:
A resolution commending the Medical College of Georgia.

The following Senate substitute was read:

A RESOLUTION
Commending the Medical College of Georgia; and for other purposes.
WHEREAS, the Medical College of Georgia is celebrating its one hundred sixtieth anniversary and this happy occasion calls for an expression of congratulations from the Richmond County Senate delegation, Senators Allgood of the 22nd and Albert of the 23rd; from the Richmond County House delegation, Representatives Walker of the 85th, Padgett

FRIDAY, JANUARY 15, 1988

115

of the 86th, Connell of the 87th, Brown of the 88th, Cheeks of the 89th, and Ransom of the 90th; Senator Fincher of the 54th, Representatives Harris of the 84th, Jackson of the 83rd and Buck of the 95th; and from the entire General Assembly; and
WHEREAS, in 1828 the Medical Academy of Georgia was chartered by the State of Georgia with plans to offer single courses of lectures leading to a bachelor's degree; and
WHEREAS, in 1833, after having completed courses conducted by six faculty mem bers in two borrowed rooms at the rear of Augusta's old City Hospital, four students comprising the first graduating class received doctor of medicine degrees; and
WHEREAS, in 1873 the Medical Academy became known as the Medical Department of the University of Georgia after an agreement was made for affiliation with the Univer sity of Georgia; and
WHEREAS, in 1907 the Medical Department received a Class A designation, the highest designation from the AMA Council for Medical Education; and
WHEREAS, in 1933 protests of graduates, students, citizens throughout the state, and the support of Governor Eugene Talmadge kept the medical school open during the finan cial crisis of the depression; and
WHEREAS, in 1950 the medical school became an independent institution in the Uni versity System of Georgia and resumed its earlier name, Medical College of Georgia; and
WHEREAS, in 1951 the first degrees of Master of Science and Master of Science in Medical Art were awarded; and
WHEREAS, in 1956 the Eugene Talmadge Memorial Hospital opened as the teaching facility for the medical college, and the School of Nursing moved from the University of Georgia at Athens to Augusta; and
WHEREAS, in 1969 the first dental students were accepted at the medical college; and
WHEREAS, in 1973 the Medical College of Georgia was first accredited by the South ern Association of Colleges and Schools; and
WHEREAS, in 1984, to more accurately identify clinical facilities, including the many clinics and the Sydenstricker and Talmadge wings of the hospital, the college began using the name "Medical College of Georgia Hospital and Clinics"; and
WHEREAS, in 1988 the Medical College of Georgia celebrates 160 years of history and medical achievements; and
WHEREAS, the Medical College of Georgia today has a total enrollment of 2,300 stu dents and a total of over 10,603 alumni throughout the United States; and
WHEREAS, the Medical College of Georgia employs over 5,800 people with a budget impact on the state of over $159 million annually in salaries and fringe benefits.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does commend the Medical College of Georgia Hospital and Clinics on its one hundred sixtieth anniversary and for its continuous service to the people of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit an appropriate copy of this resolution to the Medical College of Georgia Hospital and Clinics.

Representative Connell of the 87th moved that the House agree to the Senate substi tute to HR 565.

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 103, nays 0. The motion prevailed.

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

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.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Herman Eugene Talmadge Tribute Commission; and for other purposes.
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 benefitted 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 proper tribute be created as a lasting testi mony to his contributions to Georgia and the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Herman Eugene Talmadge Tribute Commission to be composed of six members as follows: two members shall be private citizens appointed by the Governor; two members shall be private citizens appointed by the Speaker of the House of Representatives; and two members shall be private citizens appointed by the President of the Senate. The Governor shall designate one of his appointees as chairman of the commission. The commission is hereby empowered to provide for the creation of an appropriate tribute on state property to Honorable Herman Eugene Talmadge. The commission is authorized to select the site on state property where such appropriate tribute shall be placed, provided that the site shall not be on the outside grounds of the State Capitol building and that the site selected shall be subject to the approval of the State Properties Commission or such state agency having control thereof. Such tribute shall shall be financed through voluntary contributions and no state funds shall be expended for such tribute or the work of the commission. The commission is authorized to accept any gift, donation, or grant in furtherance of its purpose and is authorized to

FRIDAY, JANUARY 15, 1988

117

work with any private group, organization, association, or corporation having for its pur pose the same purpose as the commission created in this resolution. The commission shall meet as soon as practicable after all members have been designated. The commission shall exist until such time as its purpose is accomplished, at which time it shall stand abolished.

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

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

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

Holmes Y Hooks Y Hudson YIsakson
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
Lawler Lawrence Y Lawson YLee Y Linder YLong
Lord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mudler
Y Oliver.C Y Oliver.M
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
Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson 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 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
Walker.C Y Walker.L Y Wall
Ware
Y Watson
Y Watts
Y White
Y Wilder Y Williams.B
Williams,J
Y Wilson
Y Wood
Y Workman
Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 148, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
By unanimous consent, HR 372, by substitute, was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th, Hasty of the 8th, Lane of the 27th and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for contracts for the doing of any public work.

118

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to general provisions applicable to contracts for public works, so as to pro vide that the state, counties, municipal corporations, or any public boards or bodies thereof shall be authorized to require contractors to give bid bonds or other security on certain bids for contracts for the doing of any public work; to provide for the amount of bid bonds or other security; to provide certain exceptions; to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public con tractors, so as to redesignate certain Code provisions; to provide for actions on breached bid bonds; to provide procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to general provisions applicable to contracts for public works, is amended by striking Code Section 13-10-1, relating to bonds required on contracts with the state, counties, municipal corporations, or other public bodies for public works, and inserting in its place a new Code Section 13-10-1 to read as follows:
"13-10-1. (a) (1) If the state, a county, a municipal corporation, or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state, county, municipal corporation, or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, m favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
(2) In lieu of the bid bond provided for in paragraph (1) of this subsection, a con tractor shall be authorized to give a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. {*) (b) No contract with this state, a county, a municipal corporation, or any other public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4;
(2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all per sons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. {b) (c) This Code section shall not apply where the total contract price does not exceed $20,000.00; provided, however, that the state, any department or agency thereof,

FRIDAY, JANUARY 15, 1988

119

a county, a municipal corporation, or any public board or body thereof may in its discre tion require performance and payment bonds or bid bonds or other security for any public works contract."
Section 2. Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Anno tated, relating to bonds for public contractors, is amended by striking Code Section 36-82-102, relating to approval and filing of bonds, and inserting in its place a new Code Section 36-82-102 to read as follows:
"36-82-102. The bonds required under Code Section 36-82-101 shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein unless the contract is for the erection, improve ment, or repair of buildings for a state institution, in which case it shall be approved and filed with the board or officer having the financial management of such institution. If the surety named in the bonds is other than a surety company authorized by law to do business in this state, such bonds shall not be approved and filed unless such surety makes and files an affidavit with such bonds, stating under oath that he is the fee simple owner of real estate equal in value to the amount of the bonds over and above any and all liens, encumbrances, and exemption rights allowed by law. If the payment bond required in paragraph (2) of subsection {} (b) of Code Section 13-10-1, together with affidavit when necessary, is not taken in the manner and form required in this Code section, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond."
Section 3. Said article is further amended by striking subsection (a) of Code Section 36-82-104, relating to action on breached bonds, and inserting in its place a new subsection (a) to read as follows:
"(a) The obligee in any bid bond required to be given in accordance with subsection (a) of Code Section 13-10-1 or the obligee in any performance bond required to be given in accordance with paragraph (1) of subsection fa) b] of Code Section 13-10-1 shall be entitled to maintain an action thereon at any time upon any breach of such bond."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Branch
Brooks Brown
Y Buck Y Buford Y Byrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell
Connell
Y Couch

Cox
Y Crawford Crosby
Cummings,B Y Cummings.M
Davis.G Y Davis.M
Dixon
Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster
Galer
Godbee Y Goodwin Y Green
Y Greene

Y Greer
Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
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 Y Lane.R Y Langford
Lawler Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas
Lupton Y Mangum
Y Martin McCoy
Y McDonald
Y McKelvey

120

JOURNAL OF THE HOUSE,

McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore
Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C
Y Oliver.M Orrock
Y Padgett Pannell

Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman
Y Porter Y Powell
Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom

Ray Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield
Y Sizemore Y Smith.L
Smith,? 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 Y Twiggs Y Waddle Y Waldrep

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

On the passage of the Bill, by substitute, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 733. By Representatives Redding of the 50th, Robinson of the 58th, Benn of the 38th, Clark of the 55th, McKinney of the 35th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to require the Board of Directors of the Authority to meet with the local governing bodies which appoint members of the board.

The following Committee substitute was read and adopted:

A BILL
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to require each member of the Board of Directors of the Authority to meet with the local governing body which appoints such member; to provide for the purposes of such meetings; to pro vide for notice of such meetings; to require the Board of Directors of the Authority to pro vide written reports to the local governing bodies which appoint members of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by add ing at the end of Section 6 a new subsection (1) to read as follows:
"(1) (1) In addition to the requirements of subsection (h) of this section, each member of the Board shall hold a meeting once each 12 months with the local gov erning body which appointed such member. The Secretary of the Board shall give written notice to each member of the Board, to each local governing body, and to the governing authority of each municipality in the county in which there is an existing or proposed rail line at least two days prior to any meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving such notice. These meetings shall be for the purpose of reporting to the local governing bodies on the operations of the Authority and on the activities of the Board and making such information available to the gen eral public. No activity which requires action by the Board shall be initiated or under taken at any meeting conducted under this subsection.
(2) The Board shall submit once each three months a written report on the oper ations of the Authority and on the activities of the Board to each local governing body which appoints a member of the Board."

FRIDAY, JANUARY 15, 1988

121

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
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balk com Y Bannister Y Bargeron
Y Barnett,B Y Barnett.M
Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Branch Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Chambless Y Chance Cheeks Y Childers Clark.B Y Clark.H Y Clark,L Y Colbert

Coleman
Y Colwell Connell
Y Couch
Cox Y Crawford
Crosby Y Cummings,B Y Cummings,M
Davis.G Y Davis.M
Dixon Y Dobbs
Dover Dunn
Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty 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
Lawson YLee
Y Linder YLong YLord
Y Lucas Lupton
Y Mangum Y Martin
McCoy Y McDonald
Y McKelvey McKinney
Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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
Y Ramsey.V Randall
Y Ransom Ray Reaves
Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HB 1223. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 28-4-3 of the Official Code of Georgia Anno tated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.

122

JOURNAL OF THE HOUSE,

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

HB 1226.

By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and sexually explicit conduct, 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 ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1229.

By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 551. By Representative Hasty of the 8th: A resolution designating the Moore's Mill Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

The following communication was received and read:

House of Representatives Atlanta, Georgia
January 15, 1988
Honorable Frank Redding Representative, District 50 P. 0. Box 117 Decatur, Georgia 30030
Dear Frank:
I am this date appointing you Secretary of the House Regulated Beverages Committee. Since you are already a member of this committee, no further change is necessary.

FRIDAY, JANUARY 15, 1988

123

TBM:ku

Sincerely, /si Thomas B. Murphy
Speaker

cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor House Information Office Honorable Harry Dixon, Chairman, Regulated Beverages

The following communications were received and read:

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 15, 1988
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, Georgia 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Downing Musgrove was elected as a member of the State Transportation Board from the First Congressional District. He will serve for a term beginning April 16, 1988, and expiring April 15, 1993. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours, M Sewell R. Brumby
Legislative Counsel
SRB/jp Enclosure cc: Honorable Joe Frank Harris
Honorable Zell Miller Honorable Thomas B. Murphy Honorable Downing Musgrove Honorable J. Tom Coleman, Jr. Honorable Bob Lane Mr. Hal Rives Mr. Hamilton McWhorter, Jr. Mr. Glenn W. Ellard Mr. Rusty Sewell

124

JOURNAL OF THE HOUSE,

The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Downing Musgrove, Glynn County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the First Congressional Dis trict for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1988, and expiring April 15, 1993.
This 15th day of January, 1988.
/s/ ZELL MILLER PRESIDENT OF THE SENATE
/s/ THOMAS B. MURPHY SPEAKER, HOUSE OF REPRE SENTATIVES

The General Assembly Atlanta
January 15, 1988
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 14, 1988, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Downing Musgrove was elected as a member of the State Transportation Board from the First Con gressional District to serve a term beginning April 16, 1988, and expiring April 15, 1993.
Respectfully submitted, /s/ J. TOM COLEMAN, JR.
SENATOR, 1ST DISTRICT CHAIRMAN FIRST CONGRESSIONAL DIS TRICT CAUCUS
/s/ BOB LANE RESPRESENTATIVE, 111TH DIS TRICT SECRETARY FIRST CONGRESSIONAL DIS TRICT CAUCUS

The General Assembly Atlanta
January 15, 1988
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:

FRIDAY, JANUARY 15, 1988

125

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 14, 1988, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Downing Musgrove was elected as a member of the State Transportation Board from the First Con gressional District to serve a term beginning April 16, 1988, and expiring April 15, 1993.
Respectfully submitted, /a/ J. TOM COLEMAN, JR.
SENATOR, 1ST DISTRICT CHAIRMAN FIRST CONGRESSIONAL DIS TRICT CAUCUS
/s/ BOB LANE RESPRESENTATIVE, 111TH DIS TRICT SECRETARY FIRST CONGRESSIONAL DIS TRICT CAUCUS

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 15, 1988
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, Georgia 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable William P. Langdale, Sr., was elected as a member of the State Transportation Board from the Second Congressional District. He will serve for a term beginning April 16, 1988, and expiring April 15, 1993. This certif icate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours, /s/ Sewell R. Brumby
Legislative Counsel
SRB/jp Enclosure cc: Honorable Joe Frank Harris
Honorable Zell Miller Honorable Thomas B. Murphy Honorable William P. Langdale, Sr. Honorable Ralph J. Balkcom Honorable Henry Bostick Mr. Hal Rives Mr. Hamilton McWhorter, Jr. Mr. Glenn W. Ellard Mr. Rusty Sewell

126

JOURNAL OF THE HOUSE,

The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable William P. Langdale, Sr., Lowndes County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Trans portation Board, as a member of the State Transportation Board from the Second Con gressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1988, and expiring April 15, 1993.
This 15th day of January, 1988.
/s/ ZELL MILLER PRESIDENT OF THE SENATE
/s/ THOMAS B. MURPHY SPEAKER, HOUSE OF REPRE SENTATIVES

The General Assembly Atlanta
January 15, 1988
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 14, 1988, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable William P. Langdale, Sr., was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 1988, and expiring April 15, 1993.
Respectfully submitted, /s/ RALPH J. BALKCOM
REPRESENTATIVE, 140TH DIS TRICT CHAIRMAN SECOND CONGRESSIONAL DIS TRICT CAUCUS
/s/ HENRY BOSTICK RESPRESENTATIVE, 138TH DIS TRICT SECRETARY SECOND CONGRESSIONAL DIS TRICT CAUCUS

The General Assembly Atlanta
January 15, 1988

FRIDAY, JANUARY 15, 1988

127

Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 14, 1988, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable William P. Langdale, Sr., was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 1988, and expiring April 15, 1993.
Respectfully submitted, /s/ RALPH J. BALKCOM
REPRESENTATIVE, 140TH DIS TRICT CHAIRMAN SECOND CONGRESSIONAL DIS TRICT CAUCUS
/s/ HENRY BOSTICK RESPRESENTATIVE, 138TH DIS TRICT SECRETARY SECOND CONGRESSIONAL DIS TRICT CAUCUS

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 15, 1988
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 have registered in the Docket of Legislative Appearance for the 1988 Regular Session as of 3:00 p.m. on January 15, 1988. The list is numbered 1 through 464.
Most sincerely, /s/ Max Cleland
MC:drg Attachments:
Received by
Glenn Ellard

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

128

JOURNAL OF THE HOUSE,

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 464, who have registered in the Docket of Legislative Appearance as of January 15, 1988, 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 15th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

DOCKET OF LEGISLATIVE APPEARANCE In Order Of Registration

1. VOID
2. Carl M. Toney Georgia Association of Physician Assistants Post Office Box 2047 Decatur, Georgia 30031
3. Thomas A. Bauer United Way of Metropolitan Atlanta 100 Edgewood Avenue, N.E. #1008 Atlanta, Georgia 30303
4. Lynn L. White Ga. Child Care Association 920 Green Street Conyers, Georgia 30207
5. William G. Appel Ga. Independent Automobile Dealers Assn., Inc. 2175 Northlake Parkway Suite 128 Tucker, Georgia 30084
6. William Alexander City of Atlanta City of Savannah 1195 Lenox Circle, N.E. Atlanta, Georgia 30306
7. James W. McAllister City School Systems of Ga. Professional Association of Georgia Educators 303 Waverly Way LaGrange, Georgia 30241

8. H. Judd Herndon American Civil Liberties Union of Georgia 600 Virginia Avenue Atlanta, Georgia 30306
9. Jere A. Ridgway American Association of Retired Persons (AARP) 111 Smith Street Hartwell, Georgia 30643
10. VOID
11. Warren N. Loar, III American Association of Retired Persons (AARP) 2238 Pinecliff Drive Atlanta, Georgia 30345
12. Mrs. J.W. (Laura) Clark Citizen Henry County Farm Bureau 732 Brannan Road McDonough, Georgia 30253
13. Kathleen B. Moss Henry County Farm Bureau Citizen 641 Brannan Road McDonough, Georgia 30253
14. Alien L. Henderson National Radon Assn. Henderson Legislative Svc. 120 Barrington Hills Dr. Dunwoody, Georgia 30335

FRIDAY, JANUARY 15, 1988

129

15. Gene Guerrero American Civil Liberties Union 88 Walton St., N.W. Atlanta, Georgia 30303
16. Francis J. Mulcahy Life Insurance Company of Georgia 5780 Powers Ferry Road Atlanta, Georgia 30327-4390
17. Michael L. Strickland Citizen 950 E. Paces Ferry Road Atlanta, Georgia 30326
18. Clifford S. Avery Citizen 1230 Mimosa Cir. Mableton, Georgia 30059
19. Gary Ashley Georgia School Boards Assn. 1240 Atkinson Road Lawrenceville, Georgia 30245
20. Skip Yow Georgia School Boards Assn. 1240 Atkinson Road Lawrenceville, Georgia 30245
21. C. Robert Smith Georgia Association of Assessing Officials 6754 Broad Street Douglasville, Georgia 30134
22. Ray P. Williams Georgia Society of Ophthalmology Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
23. Erik L. Peterson Georgia Right to Life Committee Inc. Post Office Box 91256 Atlanta, Georgia 30364-1256
24. Patrick Kessing Georgia Enviromental Project 136 Marietta Street, N.W. Suite 347 Atlanta, Georgia 30303
25. Don Browne First Natl. Bank of Atlanta First Atlanta Corporation 2 Peachtree Street Atlanta, Georgia 30383

26. Jack Wolcott Collins Christian Science Committee 534 Medlock Road, Room 108 Decatur, Georgia 30030
27. Joseph J. Kelly Texaco Inc. Post Office Box 4582 Atlanta, Georgia 30302
28. Jim Hammock Citizen 553 Lee's Trace Marietta, Georgia 30064
29. Connell Stafford The Coca-Cola Company Post Office Drawer 1734 Atlanta, Georgia 30301
30. Edwin B. Topmiller Ga. Sport Shooting Assn., Inc. Post Office Box 9748 2328 Cortez Way Atlanta, Georgia 30319
31. Kathleen M. Tomlin Christian Council of Metro Atlanta 465 Boulevard Street, S.E. Suite 101 Atlanta, Georgia 30312
32. Heywood Gay Citizen Route 5, Box 3 Millen, Georgia 30442
33. Harry W. Wilson Georgia Federation of Teachers, AFT AFL-CIO 6065 Roswell Road N.E. Suite 722 Atlanta, Georgia 30328
34. Robert H. Stolz City of Atlanta City Hall, Mayor's Office Atlanta, Georgia 30335
35. Harvey Benjamin Yellin Georgians for Victim Justice Post Office Box 985 Valdosta, Georgia 31603
36. Brenda Muhammad Carrie Steele Pitts Home, Inc. George A. Harris Enterprises 1132 West Peachtree Street Suite 205 Atlanta, Georgia 30309

130

JOURNAL OF THE HOUSE,

37. Demetrius Mazacoufa Georgia Nurses Assn. Georgia Dietetic Assn. Georgia Speech-Language -Hearing Assn. 1401 Peachtree Street Suite 238 Atlanta, Georgia 30309
38. Gilbert G. Dulaney Georgia County Welfare Assn. 800 Peachtree Street Room 527 Atlanta, Georgia 30308
39. James M. Crews Space Master International 5901-A Peachtree Dunwoody Suite 550 Atlanta, Georgia 30328
40. Tammy S. Webb Georgia Association of Physician Assistants Post Office Box 2047 Decatur, Georgia 30031
41. Wally B. Poss Georgia Safety Council Post Office Box 1052 Canton, Georgia 30114
42. James F. Morris Cobb County District Attorney's Office 30 Waddell Street Marietta, Georgia 30090-9646
43. Neill Herring Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers Georgia Chapter Sierra Club 581 Greenwood Avenue Atlanta, Georgia 30308
44. James H. Purcell Alliance of American Insurers 229 Peachtree Street, N.E. Suite 501 Atlanta, Georgia 30303
45. John Poole Business Council of Georgia Georgia Liability Crisis Coalition 1280 South CNN Center Atlanta, Georgia 30303-2705

46. Marie S. Steinmeyer Georgia Women's Coalition for Medical Freedom, Inc. American Association of Retired Persons (AARP) Council on Aging Informed Health Care Association of Georgia 3985 Lynfield Court College Park, Georgia 30349-RT.6
47. DonCargill Atlanta Gas Light Company Ginn, Edington, Moore & Wade 1199 South CNN Center Atlanta, Georgia 30303-2705
48. Freda R. Turner Citizen Henry County Farm Bureau 559 Jerry Steele Lane McDonough, Georgia 30253
49. Judith M. Grote My Turn Now 3292 Pinestream Road, N.W. Atlanta, Georgia 30327
50. Catherine M. Alexander Georgia Association of Home Health Agencies, Inc. 6666 Powers Ferry Road Suite 260 Atlanta, Georgia 30339
51. Julius M. Lennard, Jr. Grand Jurors Association of Fulton County 111 Huntington Road, N.E. Atlanta, Georgia 30309
52. Mike Wingo Atlanta Gas Light Company Post Office Box 4569 Atlanta, Georgia 30302
53. C.D. (Duke) Ellington Apartment Owners & Managers Association, Inc. 3155 Presidential Dr. Suite 104 Atlanta, Georgia 30340
54. Bob Margolin Syntex Laboratories Inc. Post Office Box 147 Tucker, Georgia 30085-0147
55. Mrs. Robert H. Whitaker Citizen Georgia Farm Bureau 154 Dodgen Road Hampton, Georgia 30228

FRIDAY, JANUARY 15, 1988

131

56. Gayle Sexton Georgia Health Care Assn. 3735 Memorial Drive Decatur, Georgia 30032
57. Earl Shinhoster National Assn. Advancement of Colored People 970 Martin Luther King Jr. Dr. Atlanta, Georgia 30314
58. Robert R. Potter State Farm Ins. Companies Post Office Box 54247 771 Spring St., N.W. Atlanta, Georgia 30379-2401
59. John D. Folds, Jr. State Farm Ins. Companies 1585 Phoenix Blvd.,Suite 5 Atlanta, Georgia 30349
60. Lee R. Lemke Georgia Mining Association 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339
61. Dr. Glynis J. Bean Atlanta Chapter of the American Marketing Assn. 3490 Piedmont Road Suite 910 Atlanta, Georgia 30084
62. Mike Stephen Raynor Southern Bell 125 Perimeter Center West Suite 346 Atlanta, Georgia 30346
63. VOID
64. Michael R. Mackenzie Parole Consultant Services of Georgia Post Office Box 347068 Floyd Building Atlanta, Georgia 30334
65. William J. White Gate City Guard 3760 LaVista Road Tucker, Georgia 30084
66. Mary Frances Williams Families First 1105 West Peachtree Street Atlanta, Georgia 30309

67. Jim Martin Georgia Society of CPA's, Inc. 3340 Peachtree Road, N.B. Suite 1980 Atlanta, Georgia 30026
68. VOID
69. Georgianne Bearden Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
70. Dr. J.C. Mullis Georgia Retired Teachers Association, Inc. 824 South Milledge Avenue Athens, Georgia 30605
71. John S. Yates Georgia Association of Educational Leaders Post Office Box 909 Dahlonega, Georgia 30533
72. Cliff C. "Bucky" Kimsey III Bank South, N.A. 55 Marietta Street Atlanta, Georgia 30303
73. William Holland Mental Health Association of Georgia Residential Services Coalition 100 Edgewood Ave., Suite 502 Atlanta, Georgia 30303
74. Andrew Henry Griffin, Jr. Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
75. Linda M. Blair Citizen Post Office Box 15168 Atlanta, Georgia 30333
76. VOID
77. Vita R. Ostrander American Assn. of Retired Persons Georgia Council on Aging 1839 Mt. Royal Dr. N.E. Atlanta, Georgia 30329
78. Julian B. Rosenthal American Assn. of Retired Persons (AARP) 8 Kings Walk, N.E. Atlanta, Georgia 30307

132

JOURNAL OF THE HOUSE,

79. Virgil T. Smith American Assn. of Retired Persons (AARP) Virgil T. Smith Assoc. Post Office Box 1471 Dalton, Georgia 30722-1471
80. Richard Cobb Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303
81. Fran Hesser Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303
82. Jim Tudor Georgia Association of Convenience Stores 4128 Hawkeye Way Stone Mountain, Georgia 30083
83. Savannah Potter Miller Georgia Federation of Democratic Women 384 Peachtree St., N.E. Suite 804 Atlanta, Georgia 30308
84. John F. Chambless Associated General Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
85. Gary P. Fowler Georgia Branch, Associated General Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
86. Gary Martin Police Benevolent Assn. of Georgia, Inc. 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349
87. Stephen P. Georgeson Sears, Roebuck and Company Georgia Retail Assn. 675 Ponce De Leon Ave., N.E. Atlanta, Georgia 30395
88. F. Thomas Longerbeam Motor Vehicle Manufacturers Association of the United States, Inc. Five Dunwoody Park, Suite 113 Atlanta, Georgia 30338

89. Frank M. Deaver Trust Company Bank Post Office Box 4418 Atlanta, Georgia 30302
90. W. A. (Bill) Hathaway Georgia Federal/Military Retiree Coalition GA. Federation of Chapters, Natl. Assn. of Retired Fed. Emp. 1067 McConnell Drive Decatur, Georgia 30333
91. Col. John W. Callaway, USA, RET.
Georgia Federal/Military Retiree Coalition, Inc.
Georgia Retired Officers Assn., Inc.
1727 Tolleson Court Dunwoody, Georgia 30338
92. Thomas H. Paris III The Citizens and Southern Corporation Post Office Box 4899 Atlanta, Georgia 30302-4899
93. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Ave., Suite 1008 Atlanta, Georgia 30303
94. John W. Cox Georgia Association of Realtors Inc. 3200 Presidential Drive Atlanta, Georgia 30340
95. John H. Thomas Allentest Products Fraternal Order of Police Georgia Burglar & Fire Alarm Assn. Inc. Georgia Public Safety Coalition Building 2400, 3000 Langford Road Norcross, Georgia 30071
96. Albert E. Nehl Informed Health Care Assn. of Georgia, Inc. Citizen Post Office Box 129 Kingston, Georgia 30145

FRIDAY, JANUARY 15, 1988

133

97. Bill Johnston Southern Bicycle League 1540 Stewart Avenue Atlanta, Georgia 30310
98. Maureen M. Lok League of Women Voters of Georgia 3793 Raccoon Run Marietta, Georgia 30062
99. Frances D. Todd Eastside Elem. School PTA 3639 Meadow Chase Drive Marietta, Georgia 30062
100. Thomas J. Raynor, Sr. Georgia Bail Bond Assn. 2745 Church Street East Point, Georgia 30344
101. Aubrey T. Villines, Jr. GA Chiropractic Assn., Inc. Chiropractic Political Action Committee GA Trial Lawyers Assn., Inc. Law Political Action Com. Georgia Assn. for Marriage and Family Therapy Georgia Chapter of National Assn. of Social Workers Georgia Personnel and Guidance Assn. Private Rehabilitation Suppliers of Georgia Georgia Vocational Evaluation and Work Adjustment Assn. Georgia Assn. of the Deaf Georgia Registry of Interpreters for the Deaf Traffic Safety Now, Inc. Suite 520-South Tower One CNN Center Atlanta, Georgia 30303-2705
102. VOID
103. Lansing B. Lee III Atty. at Law Law Offices/Lansing B. Lee Cigna Corp. The Travelers Companies Suite 304 1730 K Street, N.W. Washington, DC 20006
104. Richard Rudolph Shaw, Sr. Bethesda Temple Church, Inc. 208-1st Avenue, S.E. Atlanta, Georgia 30317

105. Jack Cory Southern Lobbying Servs., Inc. 120 E. Jefferson Street Tallahassee, Florida 32301
106. Bert Fridlin Fridlin and Assn., Inc. National Federation of Independent Business Automotive Service Assn. of Georgia Printing Assn. of Georgia 1447 Peachtree St., N.E. Suite 804 Atlanta, Georgia 30309
107. James M. Christian CIBA-GEIGY Corporation 4439 Shelbourne Drive Dunwoody, Georgia 30338
108. Sharon Adams Prime Cable Citizen Georgia Cable Association Waste Management, Inc. Rankin Smith, Sr. 1009 Oglethorpe Avenue Atlanta, Georgia 30310
109. Louis L. Squyres Adams and Associates Citizen 1009 Oglethorpe Avenue Atlanta, Georgia 30310
110. VOID
111. Herman L. Moore Georgia Pacific Corporation 133 Peachtree Street, N.E. Atlanta, Georgia 30303
112. Suanne W. Tharpe DeKalb Chamber of Commerce 750 Commerce Drive Decatur, Georgia 30030
113. Luke Livingston Sandoz Pharmacuetical Corporation 3307 Leeds Way Duluth, Georgia 30136
114. John R. Keys Building Industry Assn. of Georgia 1007 Virginia Avenue Suite 305 Atlanta, Georgia 30354

134

JOURNAL OF THE HOUSE,

115. Bobby Rowan Enigma Brotherhood of Farmers Executive Town & Country Limousine The Surety Group Ga. Assn. of Life Insurers Southern Regional Educators TBS Box 70 Enigma, Georgia 31749
116. Kitty Johnson Rowan & Associates Box 70 Enigma, Georgia 31749
117. Gayle Hughes Georgia Forum 4654 Roby Road Stone Mountain, Georgia 30083
118. Hilary Rynne Georgia Forum Post Office Box 830411 Stone Mountain, Georgia 30083-0411
119. Ellen B. Coody Ga. Vocational Assn., Inc. Suite 3506 35 Ex. Park Drive, N.E. Atlanta, Georgia 30329
120. Jim H. Groome China Clay Producers Assn. Mead Corporation 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30032
121. Joyce R. Ringer Citizen 3613 Norwich Drive Tucker, Georgia 30084
122. J. Barry Schrenk Taggart's Driving School Sears Driving School Association of Georgia Driver Improvement Clinics 3566 Lawrenceville Highway Tucker, Georgia 30084
123. Leroy B. Anderson Hensley-Schmidt, Inc. 3525 Mall Blvd., Suite 5EE Duluth, Georgia 30136

124. Richard "Scrap" Wheeler Fulton County Board of Education 786 Cleveland Avenue, S.E. Atlanta, Georgia 30315
125. Robert W. Waymer Public Education 242 Boulevard Atlanta, Georgia 30312
126. Tom Keating Atlanta Public Schools 210 Pryor Street, S.W. Atlanta, Georgia 30335
127. Gould B. Hagler Jr. Independent Insurance Agents of Georgia Post Office Box 48386 Atlanta, Georgia 30362
128. Gil C. Robison Georgia Aids Legislative Coalition Suite 900 230 Peachtree Street, N.W. Atlanta, Georgia 30303
129. Susan Saleska National Head Injury Foundation, Georgia Assoc. Georgia Safety Belt Coalition Post Office Box 95217 Atlanta, Georgia 30347
130. Robert A . Cucchi Ford Motor Company 245 Peachtree Center Ave. Suite 2204 Atlanta, Georgia 30303
131. R. Larry Brantley Georgia Power Company 333 Piedmont Avenue Atlanta, Georgia 30302
132. J.D. Dennis Cobb Chamber of Commerce Civil Air Patrol, Ga. Wing Post Office Box Cobb Marietta, Georgia 30065
133. Willie G. Davis W.G. Davis and Associates, Political Consultants 2471 Ozark Trail, S.W. Atlanta, Georgia 30331
134. Charles H. Hamblen Ga. Retired Teachers Assn. 2564 Lake Flair Circle Atlanta, Georgia 30345

FRIDAY, JANUARY 15, 1988

135

135. Connie Ingalsbe Graves Georgia Nurses Association 1362 W. Peachtree St., N.W. Atlanta, Georgia 30309
136. Emily Ellis Georgia Nurses Association 1362 West Peachtree St., N.W. Atlanta, Georgia 30309
137. Jane T. Horner Georgia Nurses Association 789 Huntington Place Marietta, Georgia 30067
138. Jean Walker Georgia Nurses Association 1362 West Peachtree Street Atlanta, Georgia 30309
139. Nancy P. Schulz Georgia Nurses Association 1362 West Peachtree Street Atlanta, Georgia 30309
140. Dr. Louise B. Duncan Georgia Nurses Association 1362 West Peachtree Street Atlanta, Georgia 30309
141. Susan Estes Georgia Nurses Association 1362 West Peachtree Street Atlanta, Georgia 30309
142. Dr. Elizabeth 0. Dietz Georgia Nurses Association 1362 West Peachtree Street Atlanta, Georgia 30309
143. James R. Bird American Association of Retired Persons (AARP) 644 Elam Forest Court Stone Mountain, Georgia 30083
144. Lawrence A.Ingwell Georgia Safety Council, Inc 2581 Piedmont Rd., N.E. S-1150 Atlanta, Georgia 30324

145. Joe W. Andrews, Jr. Registered Agent Home Builders Association of Georgia Georgia Jewelers Association Georgia Dairy Products Association Georgia Industrial Loan Assn. Cole National Corporation Ga. Association of Superior Court Clerks Georgia Tax Officials Assn. Post Office Box 801 Macon, Georgia 31202
146. Alethea K. Garnett Georgia Pacific Corporation 133 Peachtree Street, N.E. Atlanta, Georgia 30303
147. Julianne Givens Goecke Real Property Section State Bar of Georgia Hansell & Post, Suite 500 56 Perimeter Center East Atlanta, Georgia 30346-2283
148. Thomas G. Cook Georgia Pharmaceutical Association 1729 Lenox Road, N.E. Atlanta, Georgia 30306
149. Sue Ella Deadwyler Georgia Insight 4168 Rue Antoinette Stone Mountain, Georgia 30083
150. VOID
151. VOID
152. William G. Sanders Georgia Association of Broadcasters, Inc. 500 Sugar Mill Road, #240A Atlanta, Georgia 30350
153. William J. Shortt Johnson & Johnson Post Office Box 2537 Gainesville, Georgia 30503
154. Alton H. Hopkins Crown Century Petroleum Corp. Suite 1607 3400 Peachtree Road, N.W. Atlanta, Georgia 30326
155. Martha S. Phillips Georgia Dental Association 2951 Flowers Road, South, Suite 112 Atlanta, Georgia 30341

136

JOURNAL OF THE HOUSE,

156. VOID
157. VOID
158. E. Douglas Henson Georgia Dental Association 400 Cleveland Ave. Atlanta, Georgia 30315
159. W. Fred Blackmon Eli Lily & Company 5944 Peachtree Corners East Norcross, Georgia 30091
160. Ed Holcombe Georgia Power Company 333 Piedmont Ave. Atlanta, Georgia 30302
161. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309
162. William B. Hollberg Alliance for Parents & Families Georgia Voters Alliance 744 Elkmont Drive, N.E. Atlanta, Georgia 30306
163. Gordon D. Giffin Long Aldridge & Norman 134 Peachtree St., Suite 1900 Atlanta, Georgia 30043
164. Walter Bellamy Citizen 2343 Campbellton Road, S.W. Atlanta, Georgia 30311
165. W. StellHuie Long, Aldridge, and Norman 134 Peachtree Street Atlanta, Georgia 30043
166. Linda Coursey Jones Citizen 856 Brandy Oaks Lane Stone Mountain, Georgia 30088
167. Kathryn Egan Stout Citizen 110 North Mill Road Atlanta, Georgia 30328
168. Henry M. Lee Citizen 4964 Owens Court Stone Mountain, Georgia 30083

169. Harold Bevis Air Transport Association of America Delta Air Lines, Inc., Hartsfield Atl. Int'l. Airport Atlanta, Georgia 30320
170. Jacquelyn Harmon Saylor The Georgia League of Women Voters 142 Seventeenth Street, N.E. Atlanta, Georgia 30309
171. Percy Marchman Georgia Assn. Property & Casualty Ins. Companies Professional Insurance Agents 2799 Lawrenceville Highway Suite 200 Decatur, Georgia 30033
172. Richard A. Guthman, Jr. 1st American Bank of Georgia 34 Peachtree Street, N.W. Atlanta, Georgia 30303
173. Carol Grant Muldawer City of Atlanta Mayor's Office Atlanta, Georgia 30335
174. Alien E. Owen West Point Pepperell, Inc. Post Office Box 71 West Point, Georgia 31833
175. Lee Richardson American Bikers Active Towards Education of Georgia, Inc. Post Office Box 2356 Smyrna, Georgia 30081
176. Paul D. Bolster Georgia Hospital Association North X Northwest Office Park Atlanta, Georgia 30339
177. Bob Bullington United Transportation Union Post Office Box 80763 Chamblee, Georgia 30366
178. Henry R. Bauer, Jr. Fulton County, Georgia 6111 Peachtree Dunwoody Rd. N.E. Building D, Suite 102 Atlanta, Georgia 30328

FRIDAY, JANUARY 15, 1988

137

179. Reginald Strickland Georgia Property & Casualty Insurance Companies Georgia Premium Finance Assn. 3109 Crossing Park Post Office Box 129 Norcross, Georgia 30091
180. Ms. Edith A. Eberhart Ga. Women's Political Caucus 918 Hill Street, S.E. Atlanta, Georgia 30315
181. BillMcBrayer Georgia Retail Association Georgia Chain Drug Council Opticians Association of Ga. 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303
182. Mark A. Fackler Ga. Credit Union Affiliates 4 Executive Park Drive, N.E. Atlanta, Georgia 30329
183. Brian Thomas Evans Appleton Family Ministries Middle Georgia Council for Children & Youth Georgia Residential Child Care Association Post Office Box 210 Juliette, Georgia 31046
184. KathyB. Ashe League of Women Voters 805 Peachtree St. N.E. Suite 300 Atlanta, Georgia 30308
185. James Welsh Fulton County Board of Education 786 Cleveland Avenue Atlanta, Georgia 30315
186. Johnny Richards Fulton County School Systems 876 Cleveland Avenue, S.W. Atlanta, Georgia 30318
187. Dick Dorsey American Insurance Assn. Atlanta Plaza, Suite 1555 950 East Paces Ferry Rd. Atlanta, Georgia 30326

188. Raymond G. Farmer American Insurance Assn. 950 East Paces Ferry Road Atlanta, Georgia 30326
189. Raymond G. Farmer American Insurance Assn. 950 East Paces Ferry Road Atlanta, Georgia 30326
190. Joseph R. Parrott, Jr. ITT Rayonier 750 Hammond Dr. Bldg. #9 Atlanta, Georgia 30328
191. Peter L. Banks Amarada Hess Corporation ARA Services, Inc. Cobb Developers Assn. Humana Inc. Kiser Permanente Medical Plan of Georgia Inc. Miller Brewing Company Mortgage Bankers Association of Georgia Georgia Association of HMOS Ga. Society of Professional Engineers Consulting Engineers Council of Georgia Cardinal Industries Inc. Georgia NR 60 975 Johnson Ferry Road Suite 450 Atlanta, Georgia 30342
192. Lydia J. Nafpliotis Murdock Elementary School PTA 2160 Meadowind Lane Marietta, Georgia 30062
193. Jerry Hill Amoco Corporation 6 Executive Park Atlanta, Georgia 30329
194. Andrew D. Downs Business Council of Georgia Ga. Self Insurers Association 1280 South CNN Center Atlanta, Georgia 30303-2705
195. James R. Newman Southern Bell 346-125 Perimeter Center West Atlanta, Georgia 30346
196. Donald Derrico Cardinal Industries Inc. 4601 Welcome All Road College Park, Georgia 30349

138

JOURNAL OF THE HOUSE,

197. Paul L. Shanor Medical Association of Ga. MAG Mutual Insurance Company 938 Peachtree Street Atlanta, Georgia 30309
198. F. Abit Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30503
199. Linda G. Edmonds Ga. Optometric Association Post Office Box 36313 Decatur, Georgia 30032
200. L. Jane Miller Georgians for Better Transportation, Inc. 160 Clairmont Ave., Suite 570 Decatur, Georgia 30030
201. Kay Branch McKenzie McKenzie & Associates, Inc. Rollins Research & Development, Inc. 600 W. Peachtree St. Suite 1550 Atlanta, Georgia 30308
202. Ted G. Simmons McKenzie & Associates Rollins Research & Development, Inc. 600 W. Peachtree St. Suite 1550 Atlanta, Georgia 30309
203. Henry Turner US Sprint 3065 Hargrove Road Atlanta, Georgia 30339
204. Patricia M. Smith Association for the Retarded Citizens of Georgia 1851 Ram Runway College Park, Georgia 30337
205. Gary P. Fowler Associated Gen. Contractors of America Inc., GA. Branch 147 Harris Street, N.W. Atlanta, Georgia 30313
206. PJ Russell Georgia Limousine Assoc. Executive Town & Country Serv. 3669 N. Peachtree Rd. Chamblee, Georgia 30341

207. Mary Ellen Hodges The Physical Therapy Association of Georgia The Hodges Corporation Suite 2129 First Atlanta Tower Atlanta, Georgia 30383
208. Joe A. Cannon American Association of Retired Persons Route 5 Blakely, Georgia 31723
209. Keyna Dyar Cory Southern Lobbying Servs., Inc. 120 East Jefferson Street Tallahassee, Florida 32301
210. Jet Toney Georgia Trial Lawyers Assn. 41 Marietta Street, Suite 714 Atlanta, Georgia 30303
211. Carl Mason International Assn. of Machinists & Aerospace Workers - Local 709 3790 Brookway Atlanta, Georgia 30331
212. William W. Whitton International Assn. of Machinists & Aerospace Workers - Local 709 17 Whitton Road Breman, Georgia 30110
213. Harold W. Berryman International Assn. of Machinists & Aerospace Workers - Local 709 6569 Malvin Drive Austell, Georgia 30001
214. John T. Mitchell Mercer University 1400 Coleman Avenue Macon, Georgia 31207
215. Priscilla D. Woolley Ga. Association of Educators 3951 Snapfinger Parkway Atlanta, Georgia 30035
216. Thomas M. Boiler State Bar of Georgia Standard Oil of Ohio Fulton County School System Fulton County Pension Board Post Office Box 8733 Atlanta, Georgia 30306

FRIDAY, JANUARY 15, 1988

139

217. Wayne W. Oliver Ga. Pharmaceutical Assn. 20 Lenox Pointe Atlanta, Georgia 30347
218. James A. Gray, III The Tobacco Institute 229 Peachtree Street, N.E. Suite 1600 Atlanta, Georgia 30303
219. Bill Griffin GA. Beer Wholesalers Association Post Office Box 53379 Atlanta, Georgia 30305
220. Bobbie Jean Sharp Georgia Association of Educators 201 Ashby Street Atlanta, Georgia 30314
221. Scott Mall Medical Association of Ga. MAG Mutual 938 Peachtree Street, N.E. Atlanta, Georgia 30309
222. R. H. Williams Jefferson Smurfit Corp. Container Corp. of America Post Office Box 150 Jacksonville, Florida 32201
223. Franklin McCamey Atlanta Audubon Society Georgia Ornithological Society Georgia Botanical Society Route 2, Box 2974 Dawsonville, Georgia 30534
224. Gayle E. Miller Sierra Club 726 Sycamore Street Decatur, Georgia 30030
225. Karen Bernheimer Sierra Club Post Office Box 465 Pine Lake, Georgia 30072
226. Jack G. Burns Georgia Trial Lawyers Assn. 41 Marietta Street, Suite 714 Atlanta, Georgia 30303
227. John Dobrenic Ga. Association of Educators 141 Dunbarton Drive St. Simons Island, Ga. 31522

228. Keith Hatcher Ga. Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30340
229. David Lee Prather Communication Workers of America Georgia Political Council 279 Logan Street, S.E. Atlanta, Georgia 30307
230. Faye Fox Ga. Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
231. Linda S. Lowe Clients of Georgia Legal Services Program Continuum Alliance for Healthy Mothers & Children 161 Spring Street Atlanta, Georgia 30303
232. Ervin W. Goodroe Bldg. Material Merchants Assn. Post Office Box 160 Austell, Georgia 30001
233. Kay Y. Young Ga. Legal Services Program Atlanta Legal Aid Society 161 Spring Street, N.W. 5th Floor Atlanta, Georgia 30303
234. Martha Eaves American Association of Retired Persons (AARP) 988 Milstead Avenue Conyers, Georgia 30207
235. Don Wix Home Builders Association of Metropolitan Atlanta 1399 Montreal Road Tucker, Georgia 30084
236. Michael R. Fowler Medical Association of Ga. MAG Mutual Insurance Company 938 Peachtree Street Atlanta, Georgia 30309
237. Richard L. Greene Medical Association of Ga. MAG Mutual Insurance Company 938 Peachtree Street, N.E. Atlanta, Georgia 30309

140

JOURNAL OF THE HOUSE,

238. Kenneth 0. Parris HSN Redi-Med., Inc The Parris Group 2638 Rivers Road Atlanta, Georgia 30305
239. John P. Silk Georgia Telephone Association 1900 Century Blvd., Suite 8 Atlanta, Georgia 30345
240. Charles C. Martin National Solid Wastes Management Association 470 Hill Street Buford, Georgia 30518
241. Fred B. Kitchens, Jr. Wine & Sprits Wholesalers of Georgia Suite 414, Six Piedmont Center 3525 Piedmont Road, N.E. Atlanta, Georgia 30305
242. Lita Sue Menkin Clients of Senior Citizens Advocacy Project Post Office Box 2034 Atlanta, Georgia 30301
243. David R. Williams Georgia Bankers Association 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303
244. Dianne Rogers Transportation Communications Union 3225 Matador Court East Point, Georgia 30344
245. G. Wayne Johnson Communication Workers of America (CWA) Post Office Box 2080 Stone Mountain, Georgia 30087
246. Lasa Y. Joiner Georgia Library Association 1848 Breckenbridge Drive Atlanta, Georgia 30345
247. George E. Hibbs The State Bar of Georgia The State Bar of Georgia 50 Hurt Plaza, 800 Hurt Bldg. Atlanta, Georgia 30303
248. Ernest Devis, Jr. Atlanta Legal Aid Society, Inc. Georgia Legal Services Programs, Inc. 151 Spring Street, N.W. Atlanta, Georgia 30335

249. Theresa Ann Sipe Am. College of Nurse/Midwives, Georgia Chapter 4873 Scotts Mill Way Duluth, Georgia 30136
250. Virginia T. Fulton Communication Workers of America Georgia Political Council 415 Promenade Court Marietta, Georgia 30064
251. VOID
252. Joanna Williams A.F.S.C.M.E. 161 Spring Street, Suite 640 Atlanta, Georgia 30303
253. Joyce R. Daniels Atlanta Chamber of Commerce 235 International Blvd. Atlanta, Georgia 30301
254. Dr. Colin Forde Career & Educational Consultants Ecumenical Planning Associates 2566 Shallowford Rd., Suite 37 Atlanta, Georgia 30345
255. Judith Baird Aetna Insurance Company Georgia State Assn. of Life Underwriters 75 Popular Street HAAS Howell Building Atlanta, Georgia 30303-2122
256. Paul Lavoy Johnson Citizens United for Research & Education 1074 Rock Chapel Road Lithonia, Georgia 30058
257. Linda K. Disantis Georgia Conservancy 8615 Barnwell Road Alpharetta, Georgia 30201
258. Joan R. Gates Planned Parenthood of Atlanta Area 100 Edgewood Avenue, N.E. Suite 1604 Atlanta, Georgia 30303

FRIDAY, JANUARY 15, 1988

141

259. Linda Gail Womack Oglethorpe Power Corporation Post Office Box 1349 Tucker, Georgia 30085-1349
260. Ann Wells White Ga. Women's Political Caucus Planned Parenthood of Atlanta Area 145 Fifteenth Street, #1237 Atlanta, Georgia 30361
261. Ruth Claiborne Georgia Council of Magistrate Court Judges Clearinghouse on Georgia Prisons and Jails Planned Parenthood of Atlanta Area Georgia Association of School Psychology Girl Scout Council of Georgia 120 Ralph McGill Blvd. Suite 1600 Atlanta, Georgia 30308
262. Davetta C. Johnson Georgia on Premise Lounge Association Georgia Chiropractic Association, Inc. 2818 Zane Gray Drive Atlanta, Georgia 30316
263. Stewart Acuff Georgia State Employees Union, Local 1985 501 Pulliam Street, S.W. Suite 535 Atlanta, Georgia 30312
264. Charlie Earnest Key North Georgia Building & Construction Trades Council 501 Pulliam Street, S.W. Suite 225 Atlanta, Georgia 30312
265. Jane Newman Plumbers and Pipefitters Local Union 72 374 Maynard Terrace Atlanta, Georgia 30001
266. Tiersa Ann Hays Citizen 8513 Cumberland Glen Lane Smyrna, Georgia 30080

267. Dorothy P. Spence Georgia Association American Institute of Architects 1197 Peachtree Street Atlanta, Georgia 30361
268. James D. King, Jr. Metropolitan Atlanta Rapid Transit Authority 2424 Piedmont Avenue Atlanta, Georgia 30324
269. Bryce Holcomb Ga. Soft Drink Association 848 Broad St., S.W., Suite 105 Gainesville, Georgia 30501
270. Jane Yarn Citizen 881 W. Conway Road, N.W. Atlanta, Georgia 30327
271. Sharon A. Mobley Georgia Grocers Association 2150 Parklake Drive, #160 Atlanta, Georgia 30345
272. Raymond Cecil Taylor Brotherhood of Locomotive Engineers Post Office Box 9823 Columbus, Georgia 31908-9023
273. William C. Resseau, Jr. Brotherhood Maintenance of Way Employees Route 1, Box 500 Hillsboro, Georgia 31038
274. Michael M. Kumpf BP America, Inc. 9040 Roswell Road, Suite 500 Atlanta, Georgia 30338
275. Mark Alien Krill Citizen 3967 Longview Drive Atlanta, Georgia 30341
276. R. Rudolph Underwood Georgia Farm Bureau Post Office Box 7068 Macon, Georgia 31298
277. Alien L. Lacey, Jr. Ga. Farm Bureau Federation Post Office Box 7068 Macon, Georgia 31210

142

JOURNAL OF THE HOUSE,

278. Kay H. Pippin Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
279. Bill W. Gray RBN Consultants Limited Georgia Hearing Aid Society 11405 Hackett Road Roswell, Georgia 30075
280. James L. Mynes ITT Consumer Financial Corp. Post Office Box 1513 Decatur, Alabama 35602
281. Cheatham E. Hodges, Jr. Georgia Catholic Conference Assn. of Private College's & Universities in Georgia Suite 2129, First Atlanta Tower Atlanta, Georgia 30383-3142
282. Pat Gardner Georgia Psychological Assn. 100 Edgewood Ave., Suite 1250 Atlanta, Georgia 30303
283. Martha Pennington Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
284. Marty Nance Urban Residential Finance Authority of the City of Atlanta 44 Broad Street Atlanta, Georgia 30303
285. VOID
286. Paul Flack Hobson, Barnes & Associates 100 Galleria Parkway Suite 1030 Atlanta, Georgia 30339
287. Julian Hester Community Bankers Association of Georgia 1100 Circle 75 Parkway Suite 720 Atlanta, Georgia 30339
288. James P. Kulstad Citizen 158 Flora Avenue Atlanta, Georgia 30307

289. Bernard Thomas City of Atlanta, Department of Law One CNN Center Suite 1100, South Tower Atlanta, Georgia 30303-2705
290. Gary M. Holmes City of Atlanta, Office of Economic Development One CNN Center Suite 650, South Tower Atlanta, Georgia 30303-2705
291. Elaine C. Nachman Center for the Visually Impaired 763 Peachtree Street, N.E. Atlanta, Georgia 30305
292. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247
293. Carol A. White Dogwood City Business And Professional Women 500 Northside Circle, N.W. Apartment S-ll Atlanta, Georgia 30309
294. Andy Owen American Insurance Assn. Am. Council of Life Insurers 1900 Peachtree Center Tower 230 Peachtree Street Atlanta, Georgia 30303
295. VOID
296. Joe Brannen Georgia Bankers Association 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303
297. Joe H. McKenzie, Jr. Engelhard Corporation Post Office Box 37 Gordon, Georgia 31031
298. Bill Verner, Georgia Electric Membership Corporation 148 International Blvd. Suite 845 Atlanta, Georgia 30043
299. Harry D. Hollingsworth, Jr. Grady Hospital 1201 West Peachtree St. IBM Tower, Suite 4800 Atlanta, Georgia 30309

FRIDAY, JANUARY 15, 1988

143

300. Roger T. Lane Georgia Oilmen's Association 3581 Habersham at North Lake Tucker, Georgia 30084
301. Jack W. Houston Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083
302. James R. Loyd, Sr. Georgia Tire Dealers and Retreaders Association 300 W. Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342
303. Norris Arthur Callier, Jr. Amalgamated Transit Union Local 308 501 Pulliam Street, S.E. #350 Atlanta, Georgia 30316
304. Robert L. Infinger, Jr. The American Legion, Dept of Georgia 1900 Emery St., N.W. Suite 100-A Atlanta, Georgia 30318
305. Lindy Thomas Junior League of Atlanta 1165 West Conway Drive Atlanta, Georgia 30327
306. Brenda Booth Dicristina Junior League of Atlanta 17 Heards Overlook Court Atlanta, Georgia 30328
307. Charles Musselwhite Georgia Association of Educational Leaders 1162 Enota Circle Gainesville, Georgia 30501
308. Cynthia Porter Brown Junior League of Atlanta 400 King Road Atlanta, Georgia 30342
309. Susan H. Wanserski Junior League of Atlanta 3154 Northside Parkway, N.W. Atlanta, Georgia 30327

310. Charlotte Gattis Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30339
311. John E. Rollins Citicorp Family Guardian Life Ins. 6307 Eaglebrook Avenue Tampa, Florida 33624
312. Wilma G. Hipps Georgians for Better Transportation, Inc. 160 Clairmont Avenue, S-570 Decatur, Georgia 30030
313. James A. White Assn. of Superior Ct. Clerks Ga. Assn. of Tax Officials Home Builders Assn. of Ga. Georgia Industrial Loan Assn. 370 W. Lanier Avenue Fayetteville, Georgia 30214
314. J. Douglas Cowart Citizen 2513 Woodlands Drive Smyrna, Georgia 30080
315. Denise Kornegay National Assn. of Social Workers-Georgia Chapter Georgia Association of Chiropractors 2929 Lake Colony, #5 Norcross, Georgia 30071
316. Arthur J. Must, Jr. Common Cause 1353 N. Highland Avenue Atlanta, Georgia 30306
317. Shirley Brother League of Women Voters of Georgia 100 Edgewood Avenue, N.E. Suite 1010 Atlanta, Georgia 30303
318. Harold E. Bryant Blue Cross and Blue Shield of Georgia Inc. Post Office Box 7368 Columbus, Georgia 31908
319. Timothy L. Ashmore Columbus Chamber of Commerce Post Office Box 1200 Columbus, Georgia 31906

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JOURNAL OF THE HOUSE,

320. H. Sidney Linton GTE South 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, Georgia 30067
321. Albert J. Abrams Greater Macon Chamber of Commerce Post Office 169 Macon, Georgia 31298
322. William A. Travis McNeil Pharmaceutical 1444 Dallas Circle Marietta, Georgia 30064
323. Will Dixon Little Caesar's Pizza 508 Cleveland Avenue Atlanta, Georgia 30315
324. Donna McLarin Georgia Electric Membership Corporation 148 International Blvd. Suite 845 Atlanta, Georgia 30043
325. Sam W. Doss, Jr. Federation of Ga. Hospitals Post Office Box 431 Rome, Georgia 30161
326. Mary Prozora Georgia Citizens for the Arts 118 Hilldale Drive Decatur, Georgia 30030
327. Lyn Hunt Georgia Citizens for the Arts Post Office Box 633 Madison, Georgia 30650
328. EdMcGill Georgia Alcohol Dealers Association, Inc. 920 Green Street Conyers, Georgia 30207

329. Bob Short Federation of Ga. Hospitals Hospital Corp. of America Bob Short and Associates Coliseum Medical Centers Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Med. Center Higgins General Hospital Memorial Medical Center Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital 1456 Stratfield Circle Atlanta, Georgia 30319
330. NellC. Mize Informed Health Care Assn. of Georgia, Inc. Citizen 3240 Stoney Acres Drive, N.W. Kennesaw, Georgia 30144
331. HelgaNehl Informed Health Care Assn. of Georgia, Inc. Citizen 59 Old Rome Road Kingston, Georgia 30145
332. Jean L. Moran Informed Health Care Assn. of Georgia, Inc. Citizen 59 Old Rome Rd. Kingston, Georgia 30145
333. VOID
334. Robert K. Yass The Travelers Companies One Tower Square, 6-SHS Hartford, CT 06183
335. Betty M. Layng Residential Services Coaliton 1686 Noble Drive, N.E. Atlanta, Georgia 30306

FRIDAY, JANUARY 15, 1988

145

336. Benson Ham Georgia Electric Membership Corporation Suite 845, 148 International Boulevard Atlanta, Georgia 30043
337. William A. Binns Union Camp Corporation Union Camp Corporation Post Office Box 570 Savannah, Georgia 31402
338. Billy J. Baron ABC Home Health 120 Darien Highway Brunswick, Georgia 31521
339. Carroll Ann Lindseth League of Women Voters of Ga. Suite 1010, 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303
340. Cobina A. Orloff League of Women Voters of Ga. 100 Edgewood Avenue, N.E. Suite 1010 Atlanta, Georgia 30303
341. Gayle Jordan NAACP (Atlanta Chapter) 136 Marietta Street, N.W. Suite 405 Atlanta, Georgia 30303
342. Embry Malone NAACP (Atlanta Branch) 2945 Stone Hogan Road Atlanta, Georgia 30311
343. Daniel L. Barber NAACP (Atlanta Branch) 177 Meadowood Square Decatur, Georgia 30038
344. Brian Sherman NAACP (Atlanta Branch) 213 Hillyer Place Decatur, Georgia 30030
345. Deloris Bryant-Booker Ga. Association of Educators (Fulton County) NAACP (Atlanta Branch) 5340 Trimble Road Atlanta, Georgia 30342
346. Martin C. Petersen Oilman Paper Company Post Office Box 878 St. Marys, Georgia 31559

347. B. Keith Melton Atlanta Economic Development Corporation (AEDC) 230 Peachtree Street, N.W. Suite 1810 Atlanta, Georgia 30303
348. Jack Howard Norfolk Southern Corporation 995 Spring Street, S.W. Atlanta, Georgia 30303
349. Jean K. Alley Georgia Nurses Association 1362 West Peachtree Atlanta, Georgia 30309
350. Mary Grambergs Georgia Electric Membership Corporation 148 International Blvd. Suite 845 Atlanta, Georgia 30043
351. Robert L. Scott Lederle Laboratories 115 Perimeter Center Place Suite 415 Atlanta, Georgia 30346
352. Louis A. Gerland, III Atlanta Coke 100 Galleria Parkway Suite 800 Atlanta, Georgia 30339
353. Gary E. Jackson Citizen 401 West Peachtree St., N.E. 1500 P'tree Summit Building Atlanta, Georgia 30308
354. Robert R. King Georgia Hospitality Travel Association 600 West Peachtree St., N.W. Suite 1500 Atlanta, Georgia 30308
355. Ron Byrd Rorer Pharmaceuticals, Inc. Route 9, Box 239A Ringgold, Georgia 30736
356. Herbert H. Mabry Georgia ALF-CIO 501 Pulliam St., S.W. Atlanta, Georgia 30312

146

JOURNAL OF THE HOUSE,

357. Kenda L. Bartlett Citizen 565 Circle Drive Fayetteville, Georgia 30214
358. Jim Morrison Ga. Game & Fish Federation 4019 Woburn Dr. Tucker, Georgia 30084
359. Julian P. Harris, II Citizen 1729 East Rugby Avenue College Park, Georgia 30337
360. Elizabeth B. Duncan Ordinary Citizen Georgia Environmental Project Sapiens Limited 660 Elkmont Drive, N.E. Atlanta, Georgia 30306
361. Seth Vincent Chennault Alston & Bird 32 Peachtree Street Atlanta, Georgia 30335
362. Troy Wesley Woods Alston & Bird 32 Peachtree Street Atlanta, Georgia 30335
363. Bernard Shanley Dempsey, Jr. Clients of Ga. Legal Services Atlanta Legal Aide 777 Cleveland Ave., Suite 202 Atlanta, Georgia 30315
364. Kelvin F. MacDonald Georgia Right to Life Committee Inc. 8270 Dawn Drive Jonesboro, Georgia 30236
365. Wm. Edward Twilley, Jr. Fort Howard Corporation Post Office Box 828 Rincon, Georgia 31326-0828
366. Guy Mosier E.I. Dupont 4948 Bridgeport Way Norcross, Georgia 30092
367. Gregory Michael Brown Georgia Bar Association 84 Peachtree Street, N.W. Atlanta, Georgia 30303

368. Quinn Hudson Clark-Kenith, Inc. Institute of Industrial Engineering Summit Development Corp. William Robb Group 570 Fidelity Bank Building Decatur, Georgia 30030
369. Amos A. Plante Exxon Corporation Post Office Box 60626 New Orleans, LA 70160-0626
370. Gerald W. Bowling Municipal Gas Authority of Georgia Municipal Electric Authority of Georgia 1400 Peachtree Place Tower 999 Peachtree Street, N.E. Atlanta, Georgia 30309
371. Brian R. Foster The Citizens and Southern Corporation Post Office Box 4899 Atlanta, Georgia 30302-4899
372. Kathy Wheeler Ga. Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
373. Allison A. Wood Ginn, Edington, Moore & Wade 1199 South CNN Center Atlanta, Georgia 30303
374. Frank F. Molock CWA Metro Retirees Glover Street Marietta, Georgia 30060
375. Camellia A. Moore Citizen Post Office Box 3164 Atlanta, Georgia 30302
376. Connie B. Plunkett Georgia Citizens for the Arts 1404 Spring Street Atlanta, Georgia 30117
377. Milton Chaikin Ga. Alliance for the Mental 111 1390 Declair Drive Atlanta, Georgia 30329
378. Karen S. Gillespie Squibb U.S. Post Office Box 16503 Atlanta, Georgia 30321

FRIDAY, JANUARY 15, 1988

147

379. C.E. Scott Citizen Post Office Box 3161 Atlanta, Georgia 30302
380. Hank Midura Atlanta Chapter Alzheimers Disease & Related Disorders Assn. 4257 Palm Springs Drive East Point, Georgia 30344
381. Sheila Mallon Georgia Right to Life 3522 Evans Ridge Trail Atlanta, Georgia 30340
382. John M. Willis Citizen Sevenanda Natural Foods Cooperative Grocery Georgia Women's Coalition for Medical Freedom, Inc. Georgian's for Safe Food Post Office Box 5305 Atlanta, Georgia 30307
383. VOID
384. Randall M. Lipshutz Community Association Institute-Georgia Chapter 2300 Harris Tower-Ptree Center 233 Peachtree St., N.E. Atlanta, Georgia 30043
385. Betty Smith Georgia Parent Teacher Association 1054 Ridgecrest Drive Smyrna, Georgia 30080
386. Virginia Montes Georgia Housing Coalition 250 Georgia Avenue, S.E. Atlanta, Georgia 30312
387. Hannah M. Branton Georgia Housing Coalition 2947 Greenbrookway, N.E. Atlanta, Georgia 30345
388. Nevin Jones Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
389. Jack Drew Clayton Co. Water Authority Lake Harbin Road Morrow, Georgia 30260

390. John A. Williams, Jr. Southeast Toyota Distributors Inc. Motorcycle Industry Council Hampton Associates Georgia Mountain Apple Growers Association United Properties Inc. Allied Construction Corp. Smith Barney, Upton, Harris, Inc. Ellijay-Gilmer Co. Water and Sewerage Authority 1800 Peachtree St., Suite 355 Atlanta, Georgia 30309
391. Robert H. Forry Troutman, Sanders, Lockerman & Ashmore 1400 Candler Building Atlanta, Georgia 30043
392. Bob L. Izlar Georgia Forestry Association, Inc. 40 Marietta Street, N.W. Atlanta, Georgia 30303-2806
393. Mitchell Gwinn Georgia Casualty & Property Insurance Wholesalers Southern General Insurance Company Post Office Box 28155 Atlanta, Georgia 30358-0155
394. Wayne Reece Southeast Toyota Distributors, Inc. World Omni, Inc. Ga. Mountain Apple Growers Motorcycle Industry Council Hampton Associates Smith Barney JMIC Life Insurance Co. Tender Loving Care United Properties Allied Construction Corp. Suite 355, 1800 Peachtree St. Atlanta, Georgia 30309
395. John A. Blackmon Citicorp and its Affiliates Georgia Hospitality and Travel Association Atlanta Convention and Visitors Bureau Georgia Automobile Dealers Association U.S. Sprint Communications Co. Staley Continental, Inc. 2400 First Atlanta Tower Atlanta, Georgia 30383

148

JOURNAL OF THE HOUSE,

396. Margo T. Smith Georgia Network Against Domestic Violence 250 Georgia Avenue, Suite 344 Atlanta, Georgia 30312
397. Mary G. Buckley MCI Telecommunications Corp. 400 Perimeter Center Terraces Suite 400 Atlanta, Georgia 30346
398. Rachel B. Champagne Metropolitan Atlanta Crime Commission Georgians for Victim Justice 100 Edgewood Avenue Room 128 Atlanta, Georgia 30303
399. Helen P. Smith Georgians for Victim Justice, Inc. Post Office Box 2309 Savannah, Georgia 31404
400. VOID
401. Ronda D. Moody Georgians for Victim Justice, Inc. Post Office Box 2309 Savannah, Georgia 31402
402. Rosa L. Simmons Georgians for Victim Justice, Inc. Post Office Box 2309 Savannah, Georgia 31402
403. Deborah Coker Burk Georgians for Victim Justice, Inc. Georgia Network Against Domestic Violence 500 DeKalb County Courthouse Decatur, Georgia 30030
404. Rita Valenti Georgia Nurses Association Grady Memorial Hospital Butler Street Atlanta, Georgia
405. Horace White Minority Opportunity Network, Inc. 4035 Northridge Way, Suite 7 Norcross, Georgia 30093

406. Melvin T. Steely American Association of University Professors West Georgia College History Department Carrollton, Georgia 30118
407. David B. Dillard National Funeral Directors Association Winkinhoffer Limousine Service 2139 Oak Hill Road Covington, Georgia 30209
408. Rebecca Coffee Georgians for Victim Justice, Inc. Victim Witness Assistance Program District Attorney's Office 145 Johnson Avenue Fayetteville, Georgia 30214
409. Linda Russell Georgians for Victim Justice, Inc. Victim Witness Assistance Program 205 Aberdeen Drive Peachtree City, Georgia 30269
410. Bob Keen Health Insurance Association of America American Society of Landscape Architects - Ga. Chapter Georgia Society of Anesthesiologists American Society of Interior Designers Mag Mutual Insurance Company VSP of the Southeast Inc. Financial Life Insurance Company of Georgia Georgia Health Networks 1600 Gaslight Tower 235 Peachtree Street Atlanta, Georgia 30303
411. James W. Strong Fulton County Grand Jurors Association Citizen 3607 Roxboro Road, N.E. Atlanta, Georgia 30326
412. Otis Outen NAACP (Atlanta Branch) 136 Marietta Street Atlanta, Georgia 30030

FRIDAY, JANUARY 15, 1988

149

413. VOID
414. Elaine M. Wilson Georgia State Bar Hurt Building Atlanta, Georgia 30303
415. Paul L. Hanes Anheuser-Busch Companies, Inc. 161 17th Street Atlanta, Georgia 30303
416. R. Brooks Payne Community Bankers Association of Georgia 1100 Circle 75 Parkway Suite 720 Atlanta, Georgia 30339
417. Ellen A. Rhoades Auditory Education Center 3016 Lanier Drive Atlanta, Georgia 30319
418. Gary Blalack Glaxo Inc. 1413 Wildwood Court Franklin, TN. 37064
419. Rhonda Lorraine Pelfrey Informed Health Care Association of Georgia Rich's Town Center Mall Marietta, Georgia
420. Lyn D. Paddrik Georgia Beer Wholesalers Association 3015 Piedmont Road Atlanta, Georgia 30305
421. Cecil S. Nash American Association of Retired Persons (AARP) 2149 New London Place Snellville, Georgia 30278
422. Donald Jackson Daniel Georgia Health Care Association Helen Chamber of Commerce Argicultural Investment Management Post Office Box 1334 Forsyth, Georgia 31029
423. VOID
424. Edmund C. Martin Georgia School Food Service Association Georgia Association of School Superintendents RFD 2 Box 242 Gainesville, Georgia 30506

425. G. L. Bowen, III (Roy) Georgia Textile Manufacturers Association, Inc. 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30303
426. John M. Crane Cobb Municipal Association 188 Anderson St., Suite 200 Marietta, Georgia 30060
427. Alfred T. Pitman Georgia Federal Bank 20 Marietta Street Atlanta, Georgia 30303
428. Grady Perry, Jr. Georgia League & Savings Institution 41 Marietta Street, Suite 507 Atlanta, Georgia 30303
429. Carol Williams Hatfield Georgia Federation of Women's Clubs 2038 Surrey Lane Jonesboro, Georgia 30236
430. Larry D. Lloyd The Health Field Group, Inc. 6666 Powers Ferry Road Suite 366 Atlanta, Georgia 30339
431. Holly Bates Interstate Paper Dehart and Darr Morehouse School of Medicine Bates Associates 161 Spring Street, Suite 812 Atlanta, Georgia 30303
432. Mildred Walton Georgia Association of Elem. School Principals 1176 Oakcrest Drive Atlanta, Georgia 30311
433. Jerry McCollum Georgia Wildlife Federation 1936 Iris Drive, Suite G Conyers, Georgia 30207
434. Doug Rithmire Georgia Wildlife Federation 1936 Iris Drive, Suite G Conyers, Georgia 30207

150

JOURNAL OF THE HOUSE,

435. Frank Moore Waste Management, Inc. 3003 Butterfield Rd. Oak Brook, IL. 60521
436. Ronald W. Hogan Waste Management, Inc 2600 Delk Rd. Marietta, Georgia 30067
437. Pam Hughes DeKalb Junior League 3326 N. Druid Hills Rd. Decatur, Georgia 30033
438. Robert Shig Porter Memorial Medical Center, Inc. Provident Health Servs., Inc. Americare, Inc. (Home Health) Post Office Box 23089 Savannah, Georgia 31403-3089
439. VOID
440. LTC Joseph C. Barto, USA RET. The Retired Officers Association of Georgia 3229 Barkside Court Chamblee, Georgia 30341
441. Hinson McAuliffe Georgia Council on Moral & Civic Concerns Georgia Baptist Convention 55 Silverwood Road, N.E. Atlanta, Georgia 30342
442. Joseph John Rogers Procter & Gamble MFG. Company Post Office Box 1496 Augusta, Georgia 30903
443. Donald C. Colby United Technologies/ Pratt & Whitney Post Office Box 9903 Columbus, Georgia 31908
444. The Reverend Harwood Bartlett Episcopal Diocese of Atlanta 645 Spring Street, N.W. Atlanta, Georgia 30308
445. McCracken Poston, Jr. Catoosa County Area Chamber of Commerce Post Office Box 75 Ringgold, Georgia 30736

446. John A. Helms Life Insurance Company of Georgia 5780 Powers Ferry Road Atlanta, Georgia 30348
447. John Phillip Ellington Georgia State University (Criminal Justice Dept.) 13355 Providence Road Alpharetta, Georgia 30201
448. Louella McGhee Robinson Glynn County Association of Educators 711 Old Jesup Road Brunswick, Georgia 31520
449. Regina H. Johnson Glynn County Association of Educators 1800 Albany Street Brunswick, Georgia 31520
450. Dorothy M. Pharr Georgia Association of Educators Glynn County Association of Educators Glynn Middle School George St. Brunswick, Georgia 31520
451. Robert C. Boone Chevron U.S.A. Inc. Post Office Box 1706 Atlanta, Georgia 30301
452. Lou B. Holdsworth Mt. Bethel PTA-Elementary Dickerson Middle School PTSA 1617 Bryn Mawr Circle Marietta, Georgia 30068
453. Luke R. Lassiter National Association of Independent Insurers 106 Pine Crest Drive Gumming, Georgia 30130
454. Patrick D. McWhorter National Association of Independent Insurers 100 Galleria Parkway Atlanta, Georgia 30339
455. J. Emmett Henderson Georgia Council on Moral & Civic Concerns 2930 Flowers Road South Suite 102 Atlanta, Georgia 30341

FRIDAY, JANUARY 15, 1988

151

456. Deborah L. Sheppard Campaign for a Prosperous Ga. 1083 Austin Avenue Atlanta, Georgia 30307
457. Ben Barron Ross Ross, Russell, Ellis Bailey & Becker 9th Floor, Sears Building 675 Ponce De Leon Ave. Atlanta, Georgia
458. James C. Thompson United Auto Workers Union 1280 Winchester Park Suite 131 Smyrna, Georgia 30080
459. Gene Sanders United Auto Workers Union 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080

460. Glenda S. Almand Georgia School Counselors Association (GSCA) Coosa High School 4454 Alabama Road Rome, Georgia 30161
461. O. J. Kinard Step Forward Inc. Labor/Mental Health Post Office Box 42555 Atlanta, Georgia 30311
462. Betty Groepper Atlanta/Fulton League of Women Voters 805 Peachtree Street, N.E. Atlanta, Georgia 30309
463. Jim Kittrell CSX Transportation 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318
464. Earl T. Leonard, Jr., The Coca Cola Company Post Office Drawer 1734 Atlanta, Georgia 30301

Pursuant to SR 260, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 25, 1988.

152

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 25, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Adams,G Adams.M Aiken Alford Alien Athon Bailey Balkcom
Bannister
Bargeron
Barnett.B
Barnett.M Beck Bern-field
Benn
Birdsong
Bishop Bostick Branch Brooks Buck Buford Byrd Carrell Carter Chambless Chance Cheeks Childers Clark.B Clark.H Colbert

Coleman Colwell
Couch
Cox
Crawford
Crosby Cummings.B Cummings.M Davis.G Davis,M Dixon Dobbs Dover Dunn Felton
Floyd Foster Galer Godbee Good win
Green Greene Greer Gresham Griffin
Groover
Hamilton
Manner
Harris
Hasty Heard Hensley Herbert

Holcomb Hooks Hudson
Isakson Jackson,J Jackson.W
Jamieson Johnson,D Johnson.R Kilgore Kingston Lane.D Lane.R Langford Lawler Lawrence Lawson
Lee Linder
Long Lord
Lupton Mangum Martin McCoy McDonald McKelvey McKinney Meadows Milam Milford Mobley
Moody

Moore Morton Mostiler Moultrie
Mueller Oliver.C Oliver.M
Orrock Padgett Pannell Parham Parrish Patten Peters Pettit
Phillips Pittman
Porter Powell Prichard
Rainey Ramsey.T Ramsey.V Ransom Ray Reaves Redding Richardson Ricketson Robinson Royal Selman Shepard

Sherrod
Simpson Sinkfield Sizemore
Smith ,L
Smith.W
Snow Stancil Stanley Steinberg Stephens Thomas.M Thompson Thurmond Townsend Triplett
Twiggs Waddle
Waldrep Walker.L Wall Ware
Watson
Watts White Wilder Williams.B Williams.J Wilson Wood Workman Yeargin Murphy.Spkr

Prayer was offered by the Reverend William Kitchen, III, Pastor, First Baptist Church, Eatonton, Georgia.

The following communication from the Secretary of State was received and read:

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 20, 1988
The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard
I am transmitting herewith the name of the Representative elected in the January 19, 1988 Special Election for the office of State Representative in the General Assembly of

MONDAY, JANUARY 25, 1988

153

Georgia from District 58, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, kl Max Cleland
Secretary of State
MC:FSD:bt Enclosure

State of Georgia Office of Secretary of State

I, Max Cleland Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 19th day of January, 1988 in District 58 of the State House of Representatives, in a portion of DeKalb County, to fill the vacancy existing due to the resignation of the Honorable Cas Robinson, show the following results:
Frances Shumake---------------------------- 217 Greg Staffins ------------------------ 647 Tommy Tolbert---------------------- 1084

(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 20th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Twelfth.
kl Max Cleland Secretary of State

The following communication was received and read:

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
kl Claude T. Tolbert State Representative
Sworn to and subscribed before me, this 21 day of Jan., 1988.1
kl Geo. T. Smith Justice, Supreme Court of Ga.

154

JOURNAL OF THE HOUSE,

Representative Tolbert of the 58th was introduced to the House.

The following communication was received and read:

House of Representatives Atlanta, Georgia

January 21, 1988

Honorable Tommy Tolbert Representative, District 58 1138 Otello Ave. Clarkston, Georgia 30021

Dear Tommy:

I am this date appointing you to the following standing committees of the House:

Game, Fish & Recreation Public Safety State Institutions & Property

TBM:ku

Sincerely, /s/ Thomas B. Murphy
Speaker

cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. G. W. Hogan, State Auditor Mr. Rusty Sewell, Executive Counsel to the Governor Mr. Paul Lynch, Legislative Fiscal Office House Information Office Honorable Howard Rainey, Chairman, Game, Fish & Recreation Honorable Ralph Twiggs, Chairman, Public Safety Honorable Carlton Colwell, Chairman, State Institutions & Property

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.

MONDAY, JANUARY 25, 1988

155

4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:

HB 1357. By Representative Barnett of the 10th:
A bill to amend Code Section 36-1-21 of the Official Code of Georgia Anno tated, relating to civil service systems for county employees, so as to change the provisions describing the relationship of such law to certain constitu tional amendments and laws adopted pursuant to the authority of such con stitutional amendments.
Referred to the Committee on State Planning & Community Affairs.

HB 1358. By Representatives Barnett of the 10th, Hasty of the 8th, Prichard of the 8th, Wall of the 61st, Pittman of the 60th and others:
A bill to amend Code Section 20-1-305 of the Official Code of Georgia Anno tated, relating to county and regional public libraries and the funding of such libraries under the "Quality Basic Education Act," so as to provide that funding according to population shall be based on the most recent annual estimates of population of counties published by the Bureau of Census of the United States Department of Commerce.
Referred to the Committee on Education.

HB 1359. 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 description of the commis sioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1360. By Representatives Watson of the 114th, Pinkston of the 100th, Buford of the 103rd, Watts of the 41st, Stephens of the 68th and others:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to provide for state construction codes which shall be uniform throughout the state.
Referred to the Committee on Industry.

HB 1361. By Representatives Hamilton of the 124th, Herbert of the 76th and Cummings of the 17th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Anno tated, relating to the regulation of child labor, so as to delete the provisions relating to the employment of minors 15 years of age during school vacation months; to repeal certain provisions relating to the maximum hours of employment of minors.
Referred to the Committee on Industry.

156

JOURNAL OF THE HOUSE,

HB 1362. By Representative Cox of the 141st:
A bill to amend Code Section 45-16-21 of the Official Code of Georgia Anno tated, relating to definitions under the "Georgia Post-mortem Examination Act," so as to change the definition of the term "medical examiner".
Referred to the Committee on Health & Ecology.

HB 1363. By Representatives Thurmond of the 67th, Lee of the 72nd, Walker of the 85th and Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide payments to licensed child placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.
Referred to the Committee on Human Relations & Aging.

HB 1364. By Representatives Walker of the 85th and Brown of the 88th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Anno tated, known as the "Amusement Ride Safety Act," so as to change the provisions relating to liability insurance.
Referred to the Committee on Insurance.

HB 1365. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public prop erty, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.
Referred to the Committee on State Institutions & Property.

HB 1368. By Representative Aiken of the 21st:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the servicing, recharging, repairing, testing, inspection, or installation of fire extinguishers and systems; to provide for duties and responsibilities of the Safety Fire Commissioner; to provide for licenses and permits, applications therefor, and renewals thereof.
Referred to the Committee on Public Safety.

HB 1369. By Representatives Mangum of the 57th, Athon of the 57th and Greene of the 130th:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance of school-age children, so as to change the age of children to which compulsory school attendance shall apply.
Referred to the Committee on Education.

MONDAY, JANUARY 25, 1988

157

HB 1370. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to certain unfair or deceptive practices in consumer trans actions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful.
Referred to the Committee on Industry.
HB 1372. By Representatives Felton of the 22nd, Colbert of the 23rd and Lane of the 27th:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to require and provide for disclosure of certain employment, financial information, property interests, and business relationships by members of the board of county commissioners or governing authority of each county of this state having a population of 550,000 or more.
Referred to the Committee on State Planning & Community Affairs.
HB 1373. By Representatives Alford of the 57th, Murphy of the 18th, Lane of the 27th, Royal of the 144th and Stephens of the 68th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to provide a short title.
Referred to the Committee on State Planning & Community Affairs.
HB 1374. By Representatives Heard of the 43rd and Barnett of the 59th:
A bill to amend Code Section 36-36-1 of the Official Code of Georgia Anno tated, relating to the definition of contiguous area as such relates to the annexation of territory under certain situations.
Referred to the Committee on Judiciary.

HB 1375. By Representatives Heard of the 43rd and Barnett of the 59th:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Anno tated, relating to restrictions on the authority of certain municipal corpora tions to annex property when certain conditions exist, so as to require certain notice be given prior to annexation unless a comprehensive written develop ment plan exists.
Referred to the Committee on Judiciary.

HB 1376. By Representatives Isakson of the 21st, Wilson of the 20th, Gresham of the 21st, Clark of the 20th, Aiken of the 21st and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to provide that certain transactions in which tangible personal property is furnished by a public water or sewer authority to a person contracting to perform certain services for the authority for the installation, repair, or extension of a public water or sewer system of the authority shall be exempt from sales and use taxes.
Referred to the Committee on Ways & Means.

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HB 1377. By Representative Childers of the 15th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Anno tated, relating to occupational therapists, so as to change which persons must be licensed under that chapter; to continue the State Board of Occupational Therapy but provide for the later termination of that board and the repeal of the laws relating thereto.
Referred to the Committee on Health & Ecology.

HB 1378. By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or suspension of the chairman or members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1379. By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the compensation of the chairman and the other members of the board of Oconee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1380. By Representatives Morton of the 47th and Davis of the 45th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the cruelty to children, so as to provide that a female who is knowingly pregnant and who is convicted of a violation of Code Section 16-11-41 or 40-6-391 commits the offense of cruelty to children.
Referred to the Committee on Special Judiciary.

HR 590. By Representative Green of the 106th: A resolution designating the Jasper T. Copelan Bridge.
Referred to the Committee on Transportation.

HR 591. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 619. By Representatives Alford of the 57th, Athon of the 57th, Dobbs of the 74th, Carrell of the 65th, Mobley of the 64th and others:
A resolution creating the Big Haynes and Alcovy Watershed Protection Study Committee.
Referred to the Committee on Rules.

MONDAY, JANUARY 25, 1988

159

HR 620. By Representatives Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th, McCoy of the 1st and others:
A resolution designating the Forest Hays, Jr., Correctional Institution.
Referred to the Committee on State Institutions & Property.

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

HB 1401. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Code Section 2-6-27 of the Official Code of Georgia Anno tated, relating to additional powers and duties of the State Soil and Water Conservation Committee, so as to authorize the committee to enter into cer tain contracts and agreements and to receive certain grants.
Referred to the Committee on Natural Resources & Environment.

HB 1402. By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Conservation Commission.
Referred to the Committee on Natural Resources & Environment.

HB 1409. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1410. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1422. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Anno tated, relating to regular monthly meetings of county boards of education, so as to remove the requirements that the meeting be held at the county seat.
Referred to the Committee on Education.

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HB 1423. By Representatives Mangum of the 57th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Athon of the 57th:
A bill to amend Code Section 47-3-48 of the Official Code of Georgia Anno tated, relating to the certification of contribution rates to employers under the Teachers Retirement System of Georgia, so as to change a reference to the State School Superintendent to the commissioner of education.
Referred to the Committee on Education.

HB 1424. By Representatives Mangum of the 57th, Athon of the 57th and Cox of the 141st:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the office of commissioner of education in place of the office of State School Superintendent; to provide for the appointment of the commissioner of education by the State Board of Edu cation and for the qualifications to hold said office.
Referred to the Committee on Education.

HB 1425. By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Anno tated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office.
Referred to the Committee on Judiciary.

HB 1426. By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Code Section 9-13-10 of the Official Code of Georgia Anno tated, relating to issuance of executions, so as to require judgment creditors to designate the property of the judgment debtor upon which the sheriff or other judicial officer shall levy.
Referred to the Committee on Judiciary.

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

HB 1325 HB 1326 HB 1327 HB 1328 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HB 1336 HB 1337 HB 1338

HB 1339 HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1348 HB 1349 HB 1350 HB 1351 HB 1352 HB 1353

MONDAY, JANUARY 25, 1988

161

HB 1354 HB 1355 HB 1356 HB 1366 HB 1367 HB 1371
HR 585

HR 586 HR 587 HR 588 HR 589 SB 21 SB 127
SB 394

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 House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1345 Do Pass
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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 615 Do Pass, by Substitute HB 924 Do Pass, by Substitute HB 1302 Do Pass

HB 1303 Do Pass HB 1325 Do Pass SB 247 Do Pass

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

Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:

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

HB 24 Do Pass, by Substitute HB 106 Do Pass, by Substitute HB 278 Do Pass HB 305 Do Pass, by Substitute HB 357 Do Pass, by Substitute HB 356 Do Pass, by Substitute

HB 358 Do Pass HB 458 Do Pass HB 480 Do Pass HB 482 Do Pass HB 718 Do Pass HB 1071 Do Pass, by Substitute

Respectfully submitted, /s/ Johnson 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 House and has instructed me to report the same back to the House with the following recommendations:
HB 1286 Do Pass HB 1300 Do Pass HB 1323 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 has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1192 Do Pass, by Substitute HB 1193 Do Pass, by Substitute HB 1237 Do Pass

HB 1260 Do Pass HB 1298 Do Pass HR 546 Do Pass

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

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1241 Do Pass HB 1285 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

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

HB 1286. By Representative Godbee of the 110th: A bill to provide a new charter for the City of Millen.

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

MONDAY, JANUARY 25, 1988

163

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

HB 1300. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, so as to change the provisions relating to public utilities.

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

HB 1323. By Representatives Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Johnson of the 123rd, Triplett of the 128th and others:
A bill to create the Chatham-Savannah Youth Futures Authority.

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

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

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

SB 445. By Senator McKenzie of the 14th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated registration periods as provided in Code Section 41-2-20.1 of the Official Code of Georgia Annotated.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 445. By Senator McKenzie of the 14th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated registration periods as provided in Code Section 41-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on Motor Vehicles.

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

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HR 622. By Representatives Alford of the 57th and McCoy of the 1st:
A resolution commending Dr. John Patrick Crecine and inviting him to appear before the House of Representatives.

HR 623. By Representatives Alford of the 57th and McCoy of the 1st:
A resolution commending Dr. Henry Clark Bourne, Jr., and inviting him to appear before the House of Representatives.

HR 624. By Representative Long of the 142nd:
A resolution commending Ms. Renee Tootle and inviting her to appear before the House of Representatives.

HR 625. By Representatives Jackson of the 83rd and Harris of the 84th:
A resolution commending Mr. Gregory Steven Brooks; inviting Mr. Brooks to appear before the House of Representatives.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Industry:

HB 1352.

By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to account ants.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 281. By Representatives Adams of the 36th and Isakson of the 21st:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to provide for definitions; to provide for legislative find ings and intent; to require certain political subdivisions before approving developments having a regional impact to receive certain reviews and recom mendations and take official action thereon.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, so as to pro vide for legislative findings and intent; to provide for definitions; to require certain political subdivisions before taking certain actions regarding developments having a regional impact to receive certain reviews and recommendations and take official action thereon; to provide for commission authority and review applications and fees; to provide standards for reviews, notifications regarding proposed developments, and resulting find ings, recommendations, and notifications; to provide for the effect of reviews, findings, and

MONDAY, JANUARY 25, 1988

165

recommendations; to provide for rules and regulations; to provide for compliance and enforcement; to provide for the cumulative nature of review and recommendation proce dures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions, is amended by adding after Code Section 50-8-92 a new Code section to read as follows:
"50-8-92.1. (a) The General Assembly finds that it is in the public interest that each commission have the authority to review proposed developments having a regional impact and planned for that commission's area of operation in order to assess the poten tial consequences of those developments and to enable governing bodies in that area to mitigate to the fullest extent possible any negative aspects of those developments. It is not the intention of the General Assembly to limit the planning and zoning powers of any governing body with respect to actions concerning developments having a regional impact. It is the intention of the General Assembly, rather, to establish procedures for a regional review of those developments, to provide for findings and recommendations concerning those developments, and to provide for official governing body action upon any such recommendations prior to the final exercise of those planning and zoning powers or any other powers whereby governmental approval is otherwise required prior to such developments.
(b) For purposes of this Code section, the term: (1) 'Development application' means: (A) The initial formal written request for any governmental land use action involving a development having a regional impact. Subsequent requests for any governmental land use action involving property for which was made such initial formal written request shall not constitute a development application except under the conditions specified in subparagraph (B) of this paragraph; or (B) Any formal written request to a governing body or governmental department thereof to obtain approval of a substantially changed property use. (2) 'Development having a regional impact' means a development or redevelop
ment involving: (A) Any office proposal in excess of 500,000 gross square feet; (B) Any commercial proposal in excess of 700,000 gross square feet; (C) Any hospital proposal in excess of 600 beds; (D) A hotel proposal in excess of 500 rooms; (E) Any housing proposal in excess of 500 units; (F) Any industrial proposal covering an area in excess of 500 acres, employing
over 2,000 persons, or using over 100,000 gallons of water per day; (G) Any mixed use proposal in excess of 500,000 gross square feet; (H) Any building proposed within 1,000 feet of the center of operating freeway
interchanges; (I) Any building proposed within 500 feet of operating rapid transit station
property lines; (J) Any combination of proposals described in subparagraphs (A) through (I) of
this paragraph; or (K) Any substantially changed property use.
(3) 'Governmental department' means a department or agency of a political sub division legally empowered to take governmental land use action.
(4) 'Governmental land use action' means an action to zone or rezone property, to approve a subdivision plat, or to issue a building permit.
(5) 'Substantially changed property use' means a proposed use of property so sub stantially changed from the use for which the most recent governmental land use action was obtained so as to require additional approval by the appropriate governing body or governmental department thereof, which proposed change would result in:
(A) Any use specified in subparagraphs (A) through (J) of paragraph (2) of this subsection;

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(B) Any substantially more intense use of that property, according to criteria established by regulation of the commission; or
(C) Any use specified in both subparagraphs (A) and (B) of this paragraph. (c) A commission shall have the authority to review all proposed developments hav ing a regional impact in its area of operation. That authority will not become effective until that commission by resolution has approved the exercise of that authority, after which that commission shall exercise such authority as provided for in this Code section. (d) After a commission's authority to review all developments having a regional impact in its area of operation has become effective pursuant to subsection (c) of this Code section, neither the governing body of a political subdivision nor any governmental department thereof is authorized to approve or deny any development application in that area until that commission has notified that governing body concerning that pro posed development of that commission's findings and any recommendations pursuant to this Code section and that governing body has taken official action to accept or reject any such recommendations. (e) An applicant seeking the approval of a development application by a governing body or governmental department thereof shall submit to any commission whose author ity to review that development has become effective, concurrently with formally submit ting the necessary application and documentation to obtain that approval, an application for a regional impact review. That application to that commission shall include such detailed information as that commission may reasonably request regarding the develop ment having a regional impact.
(f) Each application for a regional impact review shall be accompanied by an applica tion review fee payable by the applicant to the commission to which the application is made. This fee shall be determined according to a fee schedule established by each commission. This fee schedule shall establish fees sufficient to defray that commission's projected expense in conducting each review.
(g) After a commission receives a completed application for a regional impact review and the required application review fee, that commission shall conduct its review for consistency with regional plans and policies in order to determine whether the public facility demands generated by the proposed development having a regional impact can be met. That commission shall use as a basis for its review the development guides adopted pursuant to Code Section 50-8-92, including but not limited to the regional development plan, the wastewater management plan, the water supply plan, and the regional transportation plan and program. That commission may notify of that proposed development having a regional impact those counties and municipalities to be affected by the development, whether or not they lie wholly or partially within the area, as well as departments and agencies of the state, obtain their comments on that development, and forward those comments to the affected county or municipality.
(h) A commission shall complete its review and make its findings and any recom mendations thereon within the 60 day period following that commission's receipt of a completed application for a regional impact review and the application review fee, except that, upon written request from the appropriate governing body, which request is received at the time the application is submitted, the review, findings, and any recom mendations thereon shall be completed within the 45 day period following that commission's receipt of such fee and completed application. Only if a commission receives the completed application and the review fee required under this Code section but fails to make its findings and any recommendation within the time period required therefor by this subsection, the governing body or governmental department thereof before whom the application is pending shall be authorized to take action on the appli cation without receiving those findings or recommendations, notwithstanding the provi sions of subsection (d) of this Code section.
(i) Based upon an application for a regional impact review and its own investigation, review, and comments obtained under subsection (g) of this Code section, a commission shall:
(1) Find that the proposed development is consistent with its development guides;

MONDAY, JANUARY 25, 1988

167

(2) Find that the proposed development is not consistent with its development guides and may recommend:
(A) Modification of the development having a regional impact so as to lessen or accommodate its impact;
(B) Any combination of public and private actions to lessen or accommodate such impact; or
(C) Any combination of recommendations authorized under subparagraphs (A) and (B) of this paragraph. (j) A commission shall notify of its findings and recommendations under subsection (i) of this Code section: (1) The applicant requesting the regional impact review; (2) The governing body which has pending before it or a governmental department thereof the development application; (3) The commissioner of the Department of Natural Resources; (4) The commissioner of the Department of Transportation; and (5) The commissioner of the Department of Community Affairs. (k) A commission's findings and recommendations made pursuant to this Code section shall in no way bind a governing body or governmental department thereof regarding its decision approving or denying a development application nor shall such findings or recommendations be admissible in any action against a governing body or governmental department thereof, except an action to enforce the provisions of this Code section pursuant to subsection (m) of this Code section. Prior to and separate from a decision to approve or deny a development application, such governing body shall take official action by the vote of a simple majority of the full membership thereof to accept or reject each recommendation made by the commission. The governing body shall not be required to vote separately on each of those recommendations as long as the final vote of that body reflects which recommendations were accepted and which were rejected. A governing body's acceptance of any such recommendation, however, shall thereby constitute such recommendation as a condition for the approval of the develop ment application, which condition shall be strictly complied with unless compliance with that condition is waived in writing by that governing body and by the commission. (1) A commission may implement the provisions of this Code section by rules and regulations after a public hearing thereon, notice of the time and place of which shall be mailed to the governing bodies of each municipality in the area and each county in the area. (m) Only a commission, the governing body of any political subdivision under the effective operation of this article, or any combination thereof, may bring an action to enjoin violation of or enforce compliance with any provision of this Code section, includ ing but not limited to compliance with conditions established and not waived under sub section (k) of this Code section, and such action shall be the exclusive remedy for the enforcement of this Code section. (n) The provisions of this Code section are cumulative of any other provisions of general law, including but not limited to those establishing procedures for the exercise of local government planning and zoning powers, and any ordinance or resolution of a political subdivision regarding the exercise of such powers."
Section 2. This Act shall become effective September 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Lawler of the 20th moves to amend the Committee substitute to HB 281 as follows:
Add a new paragraph (o)

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"Provisions of this subsection shall not become effective until each municipality and county affected by this subsection have passed a local resolution requesting the regional impact review."
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
Atkins Y Bailey
Balkcom N Bannister N Bargeron N Barnett.B N Barnett.M NBeck Y Benefield
Benn N Birdsong N Bishop Y Bostick N Branch N Brooks N Brown NBuck
N Buford YByrd N Carrell N Carter N Chambless Y Chance N Cheeks Y Childers Y Clark,B N Clark.H
Clark.L N Colbert

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

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

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

On the adoption of the amendment, the ayes were 47, nays 110. The amendment was lost.

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

Due to mechanical malfunction, the vote of Representative Connell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:

Representatives Lawler of the 20th, Benefield of the 72nd and Richardson of the 52nd move to amend the Committee substitute to HB 281 as follows:
Delete on page 5, line 8, the sentence:
"That application to that commission shall include such detailed information as that commission may reasonably request regarding the development having a regional impact."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.

MONDAY, JANUARY 25, 1988

169

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 Y Aiken
Y Alford N Alien Y Athon
Atkins N Bailey N Balkcom N Bannister N Bargeron
N Barnett,B N Barnett.M NBeck N Benefield YBenn N Birdsong Y Bishop N Bostick Y Branch Y Brooks N Brown YBuck N Buford NByrd Y Carrell Y Carter Y Chambless
N Chance N Cheeks N Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

N Coleman N Colwell
Connell N Couch
N Cox Y Crawford N Crosby N Cummings.B N Cummings.M N Davis.G Y Davis.M
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 Y Greer
Y Gresham N Griffin
N Groover N Hamilton N Hanner N Harris N Hasty Y Heard N Hensley Y Herbert N Holcomb

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

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 60, nays 103.
The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost.

Due to mechanical malfunction, the vote of Representative Connell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Isakson of the 21st gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 281, by substitute, as amended.

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

HB 703. By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for court officials of Georgia; to provide for a short title.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for court officials of Georgia; to provide for a

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short title; to provide for definitions; to provide for a board of trustees and for its powers and duties; to provide for the membership in the retirement system; to provide for employer and employee contributions to the retirement system; to provide for creditable service under the retirement system; to provide for regular and early retirement benefits and for disability benefits; to provide for certain options of equal actuarial value; to pro vide for certain payments in the event a member dies before retirement; to provide for a refund of contributions under certain circumstances; to provide for exemptions from taxation, garnishment, levy and sale, or other process; to provide for penalties and the correction of errors; to provide for procedures, requirements, and other matters relative to the foregoing; to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia appli cable to particular groups of officials and employees, so as to provide that on and after a certain date, any person becoming a court official shall be a member of the Court Offi cials' Retirement System and shall not be eligible for membership in the Employees' Retirement System of Georgia; to amend Code Section 47-9-40 of the Official Code of Georgia Annotated, relating to membership in the Superior Court Judges Retirement System, so as to provide that on and after a certain date, any person becoming a superior court judge shall be a member of the Court Officials' Retirement System and shall not be eligible for membership in the Superior Court Judges Retirement System; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to provide that on and after a certain date, any person becoming a juvenile court judge or judge or solicitor of a state court shall be a member of the Court Officials' Retirement System and shall not be eligible for membership in the Trial Judges and Solicitors Retirement Fund; to change the provisions relating to spouses' benefits, early retirement, and disability benefits, so as to provide for the vesting of benefits after eight years of creditable service; to amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to provide that on and after a certain date, any person becoming a district attorney shall be a member of the Court Officials' Retirement System and shall not be eligible for membership in the District Attorneys' Retirement System; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to taxable net income under the Georgia income tax law, so as to provide that income received as a benefit under the Court Officials' Retirement System shall not be included in Georgia taxable net income; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end thereof a new Chapter 21 to read as follows:
"CHAPTER 21 ARTICLE 1
47-21-1. This chapter shall be known and may be cited as the 'Court Officials' Retirement System.'
47-21-2. As used in this chapter, the term: (1) 'Average monthly salary' means a member's average monthly salary during
eight consecutive calendar quarters producing the highest such average, except that such average shall not include any increase or decrease in salary in excess of two 10 percent increases or decreases during such eight consecutive calendar quarters.
(2) 'Board' means the Board of Trustees of the Court Officials' Retirement System provided for in Code Section 47-21-20.
(3) 'Court officials' means Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, judges and solicitors of state courts, and judges of juvenile courts appointed pursuant to Code Section 15-11-3. Any superior court judge who also sits as a juvenile court judge shall be a court official only in the judge's capacity as a superior court judge.

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(4) 'Creditable service" means any period of time which, under the provisions of this chapter, may be included in the total period of time used as a factor in the determination of any benefit under this chapter.
(5) 'Employer' means the State of Georgia. (6) 'Member' means a member of the Court Officials' Retirement System. (7) 'Membership service' means active service as a court official while a contribut ing member of the retirement system. (8) 'Part-time court official' means a judge of a state court who is established as a part-time judge by local law pursuant to the authority of subsection (a) of Code Section 15-7-20; a solicitor of a state court who is established as a part-time solicitor by local law pursuant to the authority of subsection (c) of Code Section 15-7-24; and a juvenile court judge who devotes less than full time to the duties of office and engages in the private practice of law or regularly receives compensation for employ ment in addition to the salary received as a juvenile court judge. (9) 'Public retirement system' means any retirement or pension system, other than the retirement system provided for by this chapter, whether presently existing or here after created, established by or pursuant to the laws of this state which is supported wholly or partially from public funds from whatever source such public funds are derived. (10) 'Retirement system' means the Court Officials' Retirement System created by this chapter. (11) 'Salary' means funds received by a court official as salary for services rendered and the term does not include any expense allowance or reimbursement for expenses incurred in carrying out the duties of office, nor any fees retained by a court official as any part of the official's compensation, and as applied to specific court officials, the term means:
(A) In the case of Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, and district attorneys, the salary paid by the state to each such official from state funds;
(B) In the case of juvenile court judges, the salary paid by counties from county funds and, when applicable, the salary paid by counties from a combination of state and county funds to each such official; and
(C) In the case of state court judges and solicitors, the salary paid by counties to each such official from county funds.
ARTICLE 2
47-21-20. (a) There is created the Court Officials' Retirement System which shall be administered by the Board of Trustees of the Court Officials' Retirement System provided for in this Code section.
(b) The board shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia.
(c) The members of the board shall serve without compensation but may be reim bursed for travel and other expenses incurred by them in carrying out their duties under this chapter.
(d) The same rules of procedure governing the operation of the board when sitting as the Board of Trustees of the Employees' Retirement System of Georgia shall apply to the operation of the board when sitting as the Board of Trustees of the Court Offi cials' Retirement System.
(e) The officers and director of the board shall be the same as the officers and direc tor of the Board of Trustees of the Employees' Retirement System of Georgia.
47-21-21. The Attorney General shall be the legal advisor of the board. 47-21-22. (a) The board shall have the following powers and duties:
(1) To contract with proper federal authorities for old-age, survivors, and disability insurance coverage under the Social Security Act;
(2) To provide for the collection of all money provided for in this chapter; (3) To provide for the payment of all administrative expenses;

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(4) To hear and decide all applications for retirement and other benefits under this chapter;
(5) From time to time and after an actuarial investigation into the benefit struc ture of the retirement system, to adopt such tables as it shall deem desirable in connection with the proper operation of the retirement system and in keeping with its actuarial soundness;
(6) To determine from time to time the regular rates of interest which are to be used by or which are applicable to the operation or administration of the retirement system;
(7) To provide for the payment of all retirement and other benefits that may be determined to be due under this chapter and the rules and regulations adopted by the board;
(8) To make and promulgate all necessary rules and regulations not inconsistent with the provisions of this chapter and other laws of this state in order to carry out and administer the provisions of this chapter;
(9) To determine eligibility of persons to receive benefits under this chapter; (10) To make provisions for refunds and repayments to persons who may be enti tled to receive them; and (11) To keep records of all its meetings. (b) The board shall also have all other powers necessary for the proper administra tion of the provisions of this chapter. 47-21-23. (a) The board shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited in a special account to the credit of the Court Officials' Retirement System. The benefits under this chapter and all administrative expenses shall be paid from this special account. The board shall have authority to expend the funds in accordance with the provisions of this chapter. (b) The board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. (c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as investment advisors and counselors in making recommendations for investments and in making investments if the board so authorizes. 47-21-24. The board may take by gift, grant, or bequest any money, real or personal property, or any other thing of value and hold or invest it for the uses and purposes of the retirement system as provided in this chapter. 47-21-25. The board shall keep permanent records of all its accounts in granting retirement and disability benefits and shall keep proper records and books concerning its operations. At the beginning of each regular session of the General Assembly, the board shall present an annual financial statement of the retirement system to the Gen eral Assembly. 47-21-26. The retirement system shall be a budget unit of the executive branch of the state government. The funds necessary for employer contributions to the retirement system and for administrative expenses of the board shall come from funds appropriated to the retirement system. All such appropriated funds shall be used exclusively for the purposes of the special account provided for in subsection (a) of Code Section 47-21-23.
ARTICLE 3
47-21-40. (a) Except as otherwise provided by subsection (b) of this Code section and Code Section 47-21-81, this chapter shall not apply to any person holding office as a court official on June 30, 1988. Except as otherwise provided by subsections (b) and (c) of this Code section, any person becoming a court official on or after July 1, 1988, shall be a member of the retirement system and shall not be eligible for membership in any other public retirement system.

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(b) Any person holding office as a court official on June 30, 1988, who is not a member of any public retirement system shall be a member of the retirement system and shall not be eligible for membership in any other public retirement system. Any person holding office as a court official on June 30, 1988, who is a member of a public retirement system and who, subsequent to such date, ceases to hold office as a court official and who withdraws employee contributions from the public retirement system shall, if the person again becomes a court official at a later date, be a member of the retirement system and shall not be eligible for membership in any other public retire ment system. Any person holding office as a court official on June 30, 1988, who is a member of a public retirement system and who, subsequent to such date, ceases to hold office as a court official and who does not withdraw employee contributions from the public retirement system shall be eligible to reestablish membership in that public retirement system if the person again becomes a court official.
(c) Any person who held office as a court official prior to July 1, 1988, and who ceased to hold such office prior to that date shall be a member of the retirement system if the person again becomes a court official on or after July 1, 1988, unless the person has employee contributions in a public retirement system which have not been with drawn. If such a person has not withdrawn employee contributions from such public retirement system, such person shall be eligible to reestablish membership in that public retirement system if the person again becomes a court official.
47-21-41. (a) Any member of the retirement system shall be entitled to remain a member by holding any position or office covered by the retirement system notwith standing the fact that a member may change from one position or office covered by the retirement system to another.
(b) If the same person simultaneously holds two positions as a court official, the salary for both positions shall be combined for all purposes under this chapter, except that for such purposes, the combined salary shall not exceed the amount of the state salary paid from time to time to judges of the superior courts.
ARTICLE 4
47-21-60. (a) The basis for employee contributions to the retirement system for each court official shall be the salary of each such official, except that for all purposes under this chapter, the salary of state court judges, juvenile court judges, and solicitors of state courts shall not exceed the amount of the state salary paid from time to time to judges of the superior courts.
(b) The board shall adopt such regulations as may be necessary to assure the prompt payment to the retirement system of employee contributions by all members whose sal aries are paid by counties and may require such accounting and documentation as may be necessary to establish the amount of salary of any such member. Such regulations may require counties to deduct employee contributions from the salaries of such mem bers and to account for and remit such contributions to the board at regular intervals established by regulations of the board.
(c) Employee contributions to the retirement system from members who receive state salaries shall be deducted from such salaries and remitted to the board in such manner and at such regular intervals as the board shall establish by rules and regulations.
(d) Deductions of employee contributions from the salaries of members shall be made notwithstanding the fact that salaries of members fixed by or pursuant to the authority of law shall be reduced thereby.
47-21-61. (a) The employee contribution to the retirement system shall be 6 percent of the salary of each court official, subject to the limitation provided for by subsection (a) of Code Section 47-21-60.
(b) The employer contributions toward the cost of the retirement system shall be as actuarially determined and approved by the board. The amounts determined as the employer contributions shall be certified by the board to the director of the Fiscal Divi sion of the Department of Administrative Services at such times as the board shall spec ify by rules and regulations. It shall be the duty of the director of the Fiscal Division

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of the Department of Administrative Services to pay to the board, from funds appropri ated or otherwise available to the retirement system, the amounts so certified by the board. All employer contributions shall be irrevocable and may be used only for the pur poses of the special fund provided for by subsection (a) of Code Section 47-21-23.
(c) The certifications of the board under subsection (b) of this Code section may also include any required employer contributions for social security for members of the retirement system who are covered by social security. Employee contributions for social security may also be required by the board for members who are covered by social secur ity in addition to the employee contribution specified by subsection (a) of this Code section.
47-21-62. The employer and employee contributions required under this chapter shall begin with the month of July, 1988.
ARTICLE 5
47-21-80. Each member shall receive six months of creditable service for each 12 month period of membership service completed as a part-time court official and a like ratio of creditable service for membership service for any period of membership service as a part-time court official of less than 12 months. All other members shall receive full creditable service for all membership service completed by the members. Except as otherwise provided by Code Section 47-21-81, only membership service may be used to obtain creditable service under the retirement system.
47-21-81. (a) Each court official holding office on July 1, 1988, who at that time is a member of a public retirement system may elect to discontinue membership in that public retirement system and become a member of the retirement system created by this chapter. Any court official so electing shall forfeit the right to receive any benefit pur suant to the authority of the public retirement system in which the court official is a member on July 1, 1988.
(b) Any court official electing to discontinue membership in a public retirement system and become a member of this retirement system as authorized by subsection (a) of this Code section may receive creditable service under this retirement system for creditable service obtained under the other public retirement system in accordance with the following limitations:
(1) Only creditable service under the other public retirement system which was obtained as a result of holding office as a court official shall be granted as creditable service under this retirement system; and
(2) Creditable service obtained under the other public retirement system for service as a part-time court official shall be reduced by one-half when obtained as creditable service under this retirement system. (c) A court official making the election authorized by subsection (a) of this Code section may withdraw the court official's employee contributions to the other public retirement system and decline to establish creditable service under this retirement system as provided by subsection (b) of this Code section. (d) For each court official obtaining creditable service under this retirement system pursuant to the authority of subsection (b) of this Code section, all employer and employee contributions, plus earnings thereon, made to the other public retirement system by or on behalf of the court official shall be transferred to the retirement system created by this chapter and shall be deposited in the special account provided for in subsection (a) of Code Section 47-21-23. (e) A court official holding office on July 1, 1988, who is subject to the provisions of this Code section shall have until December 31, 1988, to make the elections author ized by this Code section. Such elections shall be made in writing to the board of trustees of this retirement system and to the board of trustees of the other public retire ment system. Any such court official failing to make an election under this Code section by December 31, 1988, shall not at any time thereafter be eligible to make any such elec tion. (f) A court official who becomes a member of the retirement system pursuant to the provisions of this Code section shall not be required to participate in social security if

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the court official was not covered by social security while a member of the public retire ment system from which the court official withdrew in order to become a member of the retirement system.
ARTICLE 6
47-21-100. (a) The maximum retirement benefits under this chapter shall be based on 16 years of creditable service and attainment of age 65. After obtaining 16 years of creditable service and upon attaining age 65, a member shall be entitled to retire and receive a monthly retirement benefit equal to 60 percent of the member's average monthly salary.
(b) After obtaining 16 years of creditable service, a member shall continue to make the employee contributions required by this chapter as long as the member continues to hold office as a court official, but the maximum retirement benefit shall be based on 16 years of creditable service. If a member continues in service as a court official after obtaining 16 years of creditable service, the member's average monthly salary shall be computed on the basis of changes in salary which become effective after obtaining such 16 years of creditable service, subject to the limitations of paragraph (1) of Code Section 47-21-2 and of subsection (a) of Code Section 47-21-60.
47-21-101. In lieu of retirement at the maximum benefits as provided by Code Section 47-21-100, a member may retire at any time after attaining 60 years of age and a minimum of eight years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the maximum monthly retirement benefit under Code Section 47-21-100, and such percentage shall be the proportion which the number of years of creditable service bears to 16, but the benefit derived from such computation shall be reduced by one-fourth of 1 percent for each month less than 16 years of creditable service possessed by the member or by one-fourth of 1 percent for each month the member lacks being 65 years of age, whichever reduction is greater.
47-21-102. A member may retire pursuant to Code Section 47-21-100 or Code Section 47-21-101 by making written application therefor to the board. The effective date of retirement shall be the first of the month following the final month that the applicant held office as a court official. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement.
47-21-103. (a) After obtaining a minimum of eight years of creditable service, any member, regardless of age, who becomes totally and permanently disabled to the extent that the member is unable to perform the duties of the member's office shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as an early retirement benefit under Code Section 47-21-101, except that the reduction factors applicable to early retirement shall not apply to disability retirement.
(b) The disability of any member applying for disability retirement benefits and the continued existence of such disability shall be determined by the board in the same manner and under the same procedure as is set forth in Chapter 2 of this title for deter mining disability of state employees. Disability retirement benefits shall become payable on the first day of the month immediately following the month during which the disabil ity was determined by the board.
47-21-104. (a) After a member becomes eligible to retire and before the first pay ment of the member's retirement benefit is due, the member may elect to convert the retirement benefit otherwise payable to the member into a modified retirement benefit of equal actuarial value in accordance with either of the following options:
(1) Option one shall consist of a reduced retirement benefit payable for life to the retired member and, upon the death of the retired member, payable at the same rate for life to the surviving spouse of the retired member; or
(2) Option two shall consist of a reduced retirement benefit payable for life to the retired member and, upon the death of the retired member, payable at the rate of one-half of the reduced retirement benefit for life to the surviving spouse of the retired member.

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(b) If a member with a spouse dies or is determined to be mentally incompetent after becoming eligible to retire, the member's election of an option under subsection (a) of this Code section or option one in the absence of such an election shall be effective for the surviving spouse of such member.
47-21-105. Except as otherwise provided by Code Section 47-21-104, if a member dies before retirement, the member's employee contributions, plus applicable accrued regular interest thereon, shall be paid to the living person, if any, nominated by the member by written designation duly executed and filed with the board. Otherwise, such amount shall be paid to the member's estate.
47-21-106. If a member ceases to hold office as a court official, the member's employee contributions, plus applicable accrued regular interest thereon, may be with drawn from the retirement system, but in that event, the creditable service represented by such withdrawn employee contributions and interest may not be reestablished if the former member again becomes a court official and a member of the retirement system. If, under such circumstances, employee contributions are not withdrawn from the retire ment system, all creditable service previously obtained by a former member shall be retained if the former member again becomes a court official and a member of the retirement system.
ARTICLE 7
47-21-120. The right to a retirement benefit, to the return of contributions, or to any other right accrued or accruing to any person under this chapter and the moneys of the retirement system are exempt from any state, county, or municipal tax; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and are nonassignable, except as otherwise specifically provided in this chapter.
47-21-121. (a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the retirement system in any attempt to defraud the retirement system as a result of such an act shall be guilty of a misdemeanor.
(b) If any change or error in the records of the retirement system results in any person receiving from the retirement system more or less than the person would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far as practicable and in such a manner that the actuarial equivalent of the benefit to which such person was correctly entitled shall be paid."
Section 2. Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to provisions of the Employees' Retirement System of Georgia applicable to particular groups of officials and employees, is amended by adding at the end thereof a new Code Section 47-2-316 to read as follows:
"47-2-316. Subject to the provisions of Code Section 47-21-40, any person becoming a court official as defined by paragraph (3) of Code Section 47-21-2 on or after July 1, 1988, shall be a member of the Court Officials' Retirement System provided for by Chapter 21 of this title and shall not be eligible for membership in the Employees' Retirement System of Georgia."
Section 3. Code Section 47-9-40 of the Official Code of Georgia Annotated, relating to membership in the Superior Court Judges Retirement System, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Subject to the provisions of Code Section 47-21-40, any person becoming a supe rior court judge on or after July 1, 1988, shall be a member of the Court Officials' Retirement System provided for by Chapter 21 of this title and shall not be eligible for membership in the Superior Court Judges Retirement System."
Section 4. Chapter 10 of Title 47 of the Official Code of Georgia Annotated, known as the "Trial Judges and Solicitors Retirement Fund Act," is amended by adding at the end of Code Section 47-10-40, relating to membership in the fund, a new subsection (g) to read as follows:

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"(g) Subject to the provisions of Code Section 47-21-40, any person becoming a judge or solicitor or a state court or a juvenile court judge on or after July 1, 1988, shall be a member of the Court Officials' Retirement System provided for by Chapter 21 of this title and shall not be eligible for membership in the Trial Judges and Solicitors Retire ment Fund."
Section 5. Said Chapter 10 of Title 47 is further amended by striking subsections (b) and (i) of Code Section 47-10-65, relating to spouses' benefits, in their entirety and substituting in lieu thereof, respectively, new subsections (b) and (i) to read as follows:
"(b) If a member who is subject to this Code section and who has attained a mini mum of te eight years of creditable service dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of his death, if retired at such time, or which would have been pay able to the member had he the member retired as of the date of his death or, if the member had not attained age 60 at the time of his death, 50 percent of the retirement b60e.n"efit the member would have received had he the member lived and retired at age
"(i) Any member who rejects spouses' benefits coverage under subsection {e) (f) of this Code section because he the member was unmarried at the time or who ceases such coverage pursuant to subsection (g) of this Code section shall have the option to elect spouses' benefits within 60 days after marriage or remarriage, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten eight years in order for such member's spouse to qualify for the spouses' benefits provided for by this Code section."
Section 6. Said Chapter 10 of Title 47 is further amended by striking Code Section 47-10-101, relating to early retirement, in its entirety and substituting in lieu thereof a new Code Section 47-10-101 to read as follows:
"47-10-101. In lieu of retirement at the maximum benefits as provided by subsection (b) of Code Section 47-10-100, a member may retire at any time after attaining 60 years of age and after obtaining a minimum of te eight years of creditable service. The monthly retirement benefit for such early retirement shall be computed on the same basis as retirement benefits are computed under subsection (b) of Code Section 47-10-100 and shall be based on the number of years of creditable service obtained at the time of retirement."
Section 7. Said Chapter 10 of Title 47 is further amended by striking subsection (a) of Code Section 47-10-103, relating to disability benefits, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) After obtaining a minimum of ten eight years of creditable service, any member, regardless of his age, who becomes totally and permanently disabled to the extent that he the member is unable to perform the duties of his the member's office shall be enti tled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (b) of Code Section 47-10-100, except that such disabled member shall in any case be entitled to receive a minimum disability retirement benefit which shall be equal to 50 percent of the maximum retirement benefit provided by subsection (b) of Code Section 47-10-100 after 22 years of creditable service."
Section 8. Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Subject to the provisions of Code Section 47-21-40, any person becoming a dis trict attorney on or after July 1, 1988, shall be a member of the Court Officials' Retire ment System provided for by Chapter 21 of this title and shall not be eligible for membership in the District Attorneys' Retirement System."
Section 9. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to taxable net income under the Georgia income tax law, is amended by striking

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subparagraph (A) of paragraph (4) of subsection (a) in its entirety and substituting in lieu thereof a new subparagraph (A) to read as follows:
"(A) Income received from the following, and only the following, public pension 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; (ii) Georgia Firemen's Pension Fund and all local firemen's pension funds; (iii) Peace Officers' Annuity and Benefit Fund; (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 agreement 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 federal law or treaty; (xi) Superior Court Judges Retirement System; ad (xii) District Attorneys' Retirement System;; and (xiii) Court Officials' Retirement System."
Section 10. This Act shall become effective on July 1, 1988.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Y Adams.M Y Aiken Y Alford
Y Alien
Y Athon 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 Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B

Y Clark.H Clark.L
Colbert Y Coleman Y Colwell
Connell
Y Couch Y Cox N Crawford
Crosby Y Cummings.B
Y Cummings.M Y Davis.G Y Davis.M
Dixon
Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer N Godbee Y Goodwin Y Green Y Greene Y Greer
N Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Hasty
Heard Y Hensley Y Herbert
Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y JacksonJ
N 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 Y Lee Y Linder Y Long Y Lord
Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald

Y McKelvey McKinney
Y Meadows Y Milam Y Milford
Y Mobley
Moody Y Moore Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M 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

N Ray Y Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson
Y Royal Y Selman N Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L
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 Tolbert
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

MONDAY, JANUARY 25, 1988

179

Walker.C Y Walker.L Y Wall

Y Ware Y Watson Y Watts

Y White Y Wilder Y Williams.B

Y William8,J Y Wilson Y Wood

Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a machine malfunction, the vote of Representative Connell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jackson of the 83rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Godbee of the 110th 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 629. By Representatives Jamieson of the llth and Dover of the llth:
A resolution recognizing and commending Miss Heather Meeks and inviting her to appear before the House of Representatives.

HR 630. By Representative Balkcom of the 140th:
A resolution commending the Southwest Georgia Academy Warriors football team.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 1249.

By Representatives Porter of the 119th, Thomas of the 69th and Williams of the 48th:
A bill to amend Code Section 8-3-30 of the Official Code of Georgia Anno tated, relating to general powers of housing authorities and the applicability of certain laws to housing authorities, so as to provide for penalties upon a willful failure or refusal to comply with a subpoena or notice to produce issued by an 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 roll call was ordered and the vote was as follows:

Aaron YAdams.G Y Adams.M
Y Aiken Y Alford Y Alien
Athon 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 Y Branch Y Brooks Y Brown Y Buck

Y Buford Y Byrd Y Carrell
Y Carter Y Chambless Y Chance
Y Cheeks Y Childere Y Clark,B Y Clark,H
Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch Y Col Y Crawford
Y Crosby Y Cummings,B N Cummings,M Y Davis.G Y Davis.M
Dijon

Dobbs Y Dover
Dunn
Edwards Y Felton Y Floyd
N Foster Y Galer Y Godbee Y Goodwin Y Green N Greene

180

JOURNAL OF THE HOUSE,

Y Greer Y Gresham N Griffin N Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y 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 Y Lawrence Y Lawson YLee Y Linder YLong
YLord Lucas
Y Lupton Mangum
Y Martin
Y McCoy McDonald McKelvey
N McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Moultrie Mueller Y Oliver.C Y Oliver.M
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 Y Royal
Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith,L
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 Tolbert Y Townsend
Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman
Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 143, nays 6. The Bill, having received the requisite constitutional majority, was passed.

Due to mechanical malfunction, the vote of Representative Connell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1251.

By Representatives Porter of the 119th, Thomas of the 69th, Lawson of the 9th and Chambless of the 133rd:
A bill to amend Article 6 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, so as to change the provisions relating to commissions on debts, legacies, or distributive shares paid to the administrators or executors.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend HB 1251 by striking on line 21 of page 1 the following:
"shall",
and inserting in lieu thereof the following:
"is entitled to".

Representative Groover of the 99th moves to amend HB 1251 as follows:
By adding a new section 2A to read:
"The provisions of this act shall not apply to the administration of any estate pur suant to a will executed prior to the enactment of this act nor to one where administra tion was begun before the enactment of this act."

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:

MONDAY, JANUARY 25, 1988

181

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

Coleman
N Colwell Connell
Y Couch
YCox Y Crawford Y Crosby N Cummings,B N Cummings.M N Davis.G N Davis.M Y Dixon Y Dobbs
Dover Y Dunn Y Edwards Y Felton Y Floyd
N Foster YGaler
Y Godbee Y Goodwin Y Green
Y Greene Y Greer
Gresham N Griffin Y Groover Y Hamilton Y Hanner
Y Harris Y Hasty N Heard Y Hensley Y Herbert Y Holcomb

N Holmes Y Hooks
Y Hudson N Isakson Y Jackson.J Y Jackson, W Y Jamieson Y Johnson,D N 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 Lupton
Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey McKinney
Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

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

N Sizemore Y Smith.L
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 Tolbert Townsend
Y Triplett Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts
White N Wilder N Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 135, nays 24.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to mechanical malfunction, the vote of Representative Connell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Mueller of the 126th 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 amendment thereto:

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 Anno tated, 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 Senate amendment was read:

Amend HB 172 by deleting lines 14-16 and substituting in lieu thereof: "40-1-4. No person shall publish or display any document, sticker..."; and

182

JOURNAL OF THE HOUSE,

By striking that portion of line 3 which reads "relative to motor vehicles and traffic,".

Representative Lawler of the 20th moved that the House disagree to the Senate amendment to HB 172.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 632. By Representatives Shepard of the 71st, Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Gresham of the 21st and others:
A resolution urging the United States Congress to initiate an effort to secure the return of American prisoners of war still held captive in Southeast Asia.

HR 633. By Representatives Steinberg of the 46th, Ramsey of the 3rd, Chambless of the 133rd, Buck of the 95th, Thomas of the 31st and others:
A resolution urging the Georgia Peace Officer Standards and Training Coun cil to include family violence in its educational curriculum for law enforce ment personnel.

HR 634. By Representatives Selman of the 32nd, Herbert of the 76th, Hamilton of the 124th, Mostiler of the 75th, Steinberg of the 46th and others:
A resolution urging the Governor to encourage the law enforcement officers and agencies of this state and its political subdivisions to intensify their enforcement of the litter control laws of this state.

HR 635. By Representatives Dobbs of the 74th, Davis of the 45th, Twiggs of the 4th, Barnett of the 10th, Hooks of the 116th and others:
A resolution urging the State Board of Nursing Home Administrators and the Department of Human Resources to study the problems arising from the placing of persons with Alzheimer's disease or other mental disorders in nurs ing homes with persons who are not suffering from such disorders and to develop possible alternatives.

HR 636. By Representative Lupton of the 25th: A resolution commending the Georgia Citizens for the Arts.

HR 637. By Representative Adams of the 79th: A resolution expressing regret at the passing of Mr. Reed Blackwell.

HR 638. By Representatives Alford of the 57th, McCoy of the 1st, Royal of the 144th, Hensley of the 20th, Aaron of the 56th and others:
A resolution commending Dr. John Patrick Crecine.

HR 639. By Representative Oliver of the 121st: A resolution expressing regret at the passing of Carl C. Wilkinson, Sr.

HR 640. By Representatives Richardson of the 52nd and Williams of the 48th: A resolution commending the DeKalb Chamber of Commerce.

MONDAY, JANUARY 25, 1988

183

HR 641. By Representatives Jamieson of the llth, Parrish of the 109th, Moore of the 139th, Porter of the 119th and Coleman of the 118th:
A resolution recognizing and thanking Georgia's conservation district super visors.

HR 642. By Representative Adams of the 79th: A resolution expressing regret at the passing of Honorable James R. Davis.

HR 643. By Representatives McKinney of the 35th, Brooks of the 34th, Williams of the 54th, Alien of the 127th, Holmes of the 28th and White of the 132nd:
A resolution commending Mr. Willie Bolden.

HR 644. By Representatives McDonald of the 12th, Murphy of the 18th, Hanner of the 131st, Twiggs of the 4th, Barnett of the 10th and others:
A resolution commending the firefighters of Georgia on their Sixteenth Annual Firemen's Recognition Day.

HR 645. By Representative Mobley of the 64th: A resolution honoring Mr. Ted Roberts.

HR 646. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A resolution honoring Mr. Hal Todd.

HR 647. By Representative Greer of the 39th:
A resolution expressing sympathy at the passing of Honorable Milton Morton Smith.

HR 648. By Representative Wilson of the 20th:
A resolution commending health care volunteers and recognizing February 4, 1988, as "Hospital Volunteer Day" in the State of Georgia.

HR 649. By Representatives Jamieson of the llth, Parrish of the 109th, Moore of the 139th, Porter of the 119th and Coleman of the 118th:
A resolution commending Georgia's Soil and Water Conservation Districts.

HR 650. By Representatives Jamieson of the llth, Parrish of the 109th, Porter of the 119th and Coleman of the 118th:
A resolution commending Georgia's Conservation District Supervisors.

HR 651. By Representatives Galer of the 97th, Bostick of the 138th, Lawler of the 20th, Richardson of the 52nd, Mostiler of the 75th and Groover of the 99th:
A resolution commending the outstanding young women of Georgia who have earned the "Girl Scout Gold Award".

The following Resolution of the Senate was read and adopted:

184

JOURNAL OF THE HOUSE,

SR 276. By Senator Kidd of the 25th: A resolution relative to the "Good Eating in Georgia" menu.

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

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

HB 1183.

By Representatives McDonald of the 12th and Murphy of the 18th:
A bill to provide supplementary appropriations to the Department of Medi cal Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to the State Fiscal Year 1987.

The following communication was received and read:

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 465 through 537, who have registered in the Docket of Legislative Appearance as of January 22, 1988, 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 22nd day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

465. Keith A. Meador Southeast Toyota Distributors, Inc. Motorcycle Industry Council, Inc. 1800 Peachtree Street Suite 355 Atlanta, Georgia 30309
466. John M. Cannon, President Georgia Alliance for the Mentally 111 1362 West Peachtree Street Atlanta, Georgia 30309
467. Joe E. Sloan General Motors Corporation 5730 Glenridge Drive Atlanta, Georgia 30328

468. Ronald F. Updyke General Motors Corporation 5730 Glenridge Drive Atlanta, Georgia 30328
469. Dr. Janie Smallwood Professional Association of Georgia Educators Ga. Association of Curriculum & Instructional Supervision Georgia Association of Educational Leaders 1105 E. College Street Bainbridge, Georgia 31717
470. VOID

MONDAY, JANUARY 25, 1988

185

471. Reuben H. Neely Professional Association of Georgia Educators Bainbridge High School Annex 1304 East Evans Street Bainbridge, Georgia 31717
472. Carl P. Johnson Phillip Morris USA 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084
473. Paul Robertson Professional Association of Georgia Educators 926 Sixth Avenue Albany, Georgia 31701
474. Gary D. Yetter Professional Association of Georgia Educators 8062 Eisenhower Parkway Lizella, Georgia 31052
475. Lamar Scott Professional Association of Georgia Educators 1050 Washington Highway Elberton, Georgia 30635
476. Peggy Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
477. Thomas Perry Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
478. Joe B. Martin Professional Association of Georgia Educators 310 North McDonough Street Decatur, Georgia 30030
479. Joseph B. Boland Professional Association of Georgia Educators S. Atlanta Road Smyrna, Georgia 30030
480. VOID
481. Judy D. Lovell Professional Association of Georgia Educators Citizen Post Office Box 61 Cleveland, Georgia 30528

482. Bruce E. Widener Yancey Brothers Company Ga. Equipment Distributors Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association National Association of Canoe Liveries American Rental Association Region III Wilmac Container Corporation Mrs. Kinsers Foods Georgia Lions Eye Bank-Emory United Engineering Georgia Osteopathic Medical Association Post Office Box 88866 Atlanta, Georgia 30356
483. Linda P. Henderson Professional Association of Georgia Educators Route 5 Cleveland, Georgia 30528
484. Susan Beth Steffey Professional Association of Georgia Educators 136 Elm Street Cumming, Georgia 30130
485. Rita Truelove Professional Association of Georgia Educators Cumming Elementary School 136 Elm Street Cumming, Georgia 30130
486. Cindy Noles Cannon Professional Association of Georgia Educators 136 Elm Street Cumming, Georgia 30130
487. Judy C. Bradley Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
488. William Greenhaw Professional Association of Georgia Educators 3593 Overlook Avenue Macon, Georgia 31204

186

JOURNAL OF THE HOUSE,

489. Nancy Hayes Kitchens Professional Association of Georgia Educators 709 Pierce Avenue Macon, Georgia 31210
490. Brenda R. Gentry Professional Association of Georgia Educators 906 School Street Perry, Georgia 31069
491. Carol A. Broome Professional Association of Georgia Educators 1725 Bill Murdock Road Marietta, Georgia 30062
492. Jane Thomas Professional Association of Georgia Educators 2989 Evans Woods Drive Atlanta, Georgia 30340
493. Florence S. Flanders Professional Association of Georgia Educators 1796 Briarlake Circle Decatur, Georgia 30033
494. John Sides Professional Association of Georgia Educators 160 Mclntosh Street Newnan, Georgia 30263
495. Holmes Cunningham Professional Association of Georgia Educators 8 Logwood Lane Newnan, Georgia 30265
496. Manson W. Steuart Professional Association of Georgia Educators League of Independent Fulton Educators 786 Cleveland Avenue Atlanta, Georgia 30315
497. Bobby J. Jaber Professional Association of Georgia Educators League of Independent Fulton Educators 786 Cleveland Avenue Atlanta, Georgia 30315
498. Rod Chatham Professional Association of Georgia Educators League of Independent Fulton Educators 786 Cleveland Avenue, S.W. Atlanta, GEorgia 30315

499. VOID
500. Dr. Clyde F. Maxwell Professional Association of Georgia Educators Route 2, Comer Road Lexington, Georgia 30648
501. Graham Green Professional Association of Georgia Educators 2329 Ava Place Decatur, Georgia 30033
502. Charlie L. Roberts, Jr. Professional Association of Georgia Educators Arnold Junior High School 2011 51st Street Columbus, Georgia 31904
503. Mildred Blackburn Professional Association of Georgia Educators Evans Middle School Evans, Georgia 30809
504. Susan Twilley Cobb Chamber of Commerce Post Office Box Cobb Marietta, Georgia 30065
505. Mark D. Caudill Sonat Inc. Post Office Box 2563 Birmingham, Alabama 35202
506. David C. Weaver Sonat Inc. Post Office Box 2563 Birmingham, Alabama 35202
507. Ralph S. Turner DeKalb Grand Jurors Assn. 2773 N. Decatur Road Decatur, Georgia 30033
508. William F. Morie Georgia Automobile Dealers Association 4000 Cumberland Parkway Atlanta, Georgia 30339
509. James R. Davis Georgia Association of Assessing Officials 439 Cotton Avenue Macon, Georgia 31201

MONDAY, JANUARY 25, 1988

187

510. W. David Lane Georgia Residential Child Care Association 584 Horse Ferry Road Lawrenceville, Georgia 30245
511. Kyle Smith Catoosa County Schools Citizen Post Office Box 130 Ringgold, Georgia 30736
512. Lee R. Sims Catoosa County Schools Citizen Post Office Box 130 Ringgold, Georgia 30736
513. Noreen J. Wedman National Organization for Women-GA. Chapter 1099 Alta Avenue, N.E., #3 Atlanta, Georgia 30307
514. H. Evonne Yancey Kaiser Permanente 3355 Lenox Road, N.E. Atlanta, Georgia 30326
515. Wilton Hill Georgia School Bus Drivers Association, Inc. Post Office Box 158 Reidsville, Georgia 30453
516. Lithangia S. Robinson Georgia Retired Teachers Association American Association of Retired Persons 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318
517. Vicki Trifiro Public Assistance Coalition National Organization of Women - GA. Chapter 265 Washington Street Atlanta, Georgia 30303
518. Ed Deaton Muscogee Retired Cafeteria Workers Post Office Box 8182 Columbus, Georgia 31908
519. Coy R. Johnson Lipscomb, Johnson, Miles & Ashway 112 N. Main Street Gumming, Georgia 30130

520. Barbara Miller League of Women Voters of Georgia 100 Edgewood Avenue Suite 1010 Atlanta, Georgia 30303
521. H. Russell Gross Voter Information Council 2045 Peachtree Road, N.E. Atlanta, Georgia 30309
522. Ms. Zee Bradford CH2M Hill, Engineers, Planners, Economists, Scientists Turner Associates, Architects and Planners, Inc. Coca-Cola U.S.A. McDonalds National Conference of Black Mayors, Inc. 1422 W. Peachtree Street Suite 300 Atlanta, Georgia 30009
523. Marilyn N. Johnson DeKalb Chamber of Commerce 750 Commerce Drive Decatur, Georgia 30030
524. Barbara K. McGhee NAACP 693 Peyton Road Atlanta, Georgia 30311
525. Billy L. Adams Southeastern Farm & Power Equipment Association 428 Academy Avenue Dublin, Georgia 31021
526. Carolyn Burton Gregory Georgia Alliance for the Mentally 111 1362 West Peachtree Atlanta, Georgia 30309
527. Teresa Nelson State Bar of Georgia 800 The Hurt Building 50 Hurt Plaza Atlanta, Georgia 30303
528. William C. Ellis Citizen 1616 Piedmont Ave, Ml Atlanta, Georgia 30324

188

JOURNAL OF THE HOUSE,

529. Frank Barren Thorpe Georgia Association of Convenience Stores Georgia Wholesale Grocers Association Post Office Box 7776 Macon, Georgia 31209
530. Elizabeth Andrews DeKalb County Board of Education 2668 E. McKinnon Drive Decatur, Georgia 30030-4535
531. Shelly Rose Georgia Citizens for The Arts 1404 Spring Street Atlanta, Georgia 30309
532. Peggy Lehmberg Georgia Citizens for The Arts 2610 Churchwell Lane Tucker, Georgia 30084

533. Ray Muse Communication Workers of America Georgia PTA 1003 Fred Drive Morrow, Georgia 30260
534. William M. Blount, Jr. American Massage Therapists Association 284 Woodview Lane Smyrna, Georgia 30082
535. John A. Molnar Union Carbide Corporation 17 Executive Park Drive Atlanta, Georgia 30329
536. Jim Gabriel American Massage Therapists Association Citizen 3931 Peachtree Road, N.E. Atlanta, Georgia 30319
537. Rebecca Tate Gabriel American Massage Therapists Association Citizen 3931 Peachtree Road Atlanta, Georgia 30319

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, JANUARY 26, 1988

189

Representative Hall, Atlanta, Georgia Tuesday, January 26, 1988

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 Susan Harrison, Rector, Christ Episcopal Church, Savannah, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1381. By Representatives Harris of the 84th, Langford of the 7th, Green of the 106th, Ricketson of the 82nd and Floyd of the 154th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, and conditioned air con tractors, so as to provide for the issuance of state-wide licenses to certain persons previously engaged in the vocations of electrical contractor, plumber, conditioned air contractor, or low-voltage contractor without the requirement of a licensing examination.
Referred to the Committee on Industry.

190

JOURNAL OF THE HOUSE,

HB 1382. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and Williams of the 48th:
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 generally, so as to authorize the tax commissioner of each county to require certain private persons processing applications for motor vehicle registration to give annual performance bonds.
Referred to the Committee on Motor Vehicles.
HB 1383. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to provide that each resident of the Cherokee 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 $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1384. By Representative Adams of the 79th:
A bill to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to the crime of interference with custody.
Referred to the Committee on Judiciary.
HB 1385. By Representatives Ray of the 98th, Hanner of the 131st, Ramsey of the 3rd, Meadows of the 91st, Lucas of the 102nd and others:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for peace officers to perform unattended vehicle checks on motor vehicles left unattended on a public street, road, or highway or other public property; to provide for the attachment and filing of unattended vehicle check cards.
Referred to the Committee on Motor Vehicles.

HB 1386. By Representatives Ray of the 98th, Edwards of the 112th, Pinkston of the 100th, Adams of the 79th and Smith of the 156th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Anno tated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or similar facility.
Referred to the Committee on Judiciary.

HB 1387. By Representative Adams of the 79th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to require a county to reimburse a hospital located outside of the county for the cost of care provided by the hospital to an indigent resident of such county.
Referred to the Committee on Health & Ecology.

TUESDAY, JANUARY 26, 1988

191

HB 1388. By Representatives Parham of the 105th and Parrish of the 109th:
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 such substances.
Referred to the Committee on Judiciary.

HB 1389. By Representative Adams of the 79th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that whenever there has been an adop tion in which the adopted child has been adopted by the child's blood rela tive, the court may grant reasonable visitation rights to the maternal and paternal grandparents of the child.
Referred to the Committee on Special Judiciary.

HB 1390. By Representatives Hamilton of the 124th, Moody of the 153rd, Cummings of the 17th, Herbert of the 76th and Selman of the 32nd:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, so as to change certain definitions; to provide that public school teachers and public school employees shall be eligible for participation in flexible benefits plan; to provide for payroll deductions; to provide for continuation of existing health insurance plans.
Referred to the Committee on Governmental Affairs.

HB 1391. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to change the amount of unpaid judgments below which postjudgment interrogatories may be propounded; to provide for a fee for hearing an application for the issuance of a bad check citation.
Referred to the Committee on Judiciary.

HB 1392. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to change the form of notice.
Referred to the Committee on Special Judiciary.

HB 1393. By Representatives Milam of the 81st, Pittman of the 60th, Jamieson of the llth, Harris of the 84th, Ware of the 77th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define the crime of murder by vehicle; to provide a penalty; to change the provisions relating to mandatory suspen sion of drivers' licenses.
Referred to the Committee on Motor Vehicles.

192

JOURNAL OF THE HOUSE,

HB 1394. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend Chapter 16 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of firearms dealers, so as to require firearms dealers to make reports of purchases, exchanges, or trades of used firearms to local law enforcement agencies; to provide for the time, manner, and con tent of such reports.
Referred to the Committee on Public Safety.

HB 1395. By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd:
A bill to amend Code Section 50-22-7 of the Official Code of Georgia Anno tated, relating to exemptions from the requirements of Chapter 22 of Title 50 concerning managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter.
Referred to the Committee on State Institutions & Property.

HB 1396. By Representative Alien of the 127th:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Anno tated, relating to motions for a new trial, so as to provide that where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court shall, except in cases where the death penalty is imposed, grant an extension of time of at least 90 days for the preparation and filing of the transcript.
Referred to the Committee on Judiciary.

HB 1397. By Representative Smith of the 78th:
A bill to amend Code Section 20-5-42 of the Official Code of Georgia Anno tated, relating to membership of county boards of trustees of public library systems, so as to clarify that the members of such boards of trustees need not be limited to appointees of those governmental agencies which provide funding for such library system.
Referred to the Committee on Education.

HB 1398. By Representative Lawler of the 20th:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Annotated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide that the prohibitions of said Code section shall apply to a human fetus or any part thereof.
Referred to the Committee on Special Judiciary.

HB 1399. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Anno tated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions.
Referred to the Committee on Special Judiciary.

TUESDAY, JANUARY 26, 1988

193

HB 1400. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Groover of the 99th and others:
A bill to amend Code Section 19-13-6 of the Official Code of Georgia Anno tated, relating to penalties for violation of domestic violence orders, so as to change the provisions relating to actions which constitute violations for which penalties may be imposed.
Referred to the Committee on Special Judiciary.
HB 1403. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to post-secondary vocational education and place them in a separate article.
Referred to the Committee on Education.

HB 1404. By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 6 of Title 20 of the Official Code of Georgia Anno tated, known as the "Quality Basic Education Act," so as to make certain editorial changes and corrections; to authorize handicapped children to use certain types of funds.
Referred to the Committee on Education.

HB 1405. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to change and revise extensively the provisions relating to actions by the administrator of the "Fair Business Practices Act of 1975".
Referred to the Committee on Governmental Affairs.

HB 1406. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to granting of protective orders and approval of consent agree ments, so as to provide that the court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official to enforce or carry out such order.
Referred to the Committee on Special Judiciary.

HB 1407. By Representatives Steinberg of the 46th, Chambless of the 133rd, Buck of the 95th, Ramsey of the 3rd and Thomas of the 31st:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Anno tated, relating to authorization of arrests with and without warrants gener ally, so as to change the provisions relating to arrests for acts of family violence and for offenses occurring between certain persons; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relat ing to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term "family violence".
Referred to the Committee on Special Judiciary.

194

JOURNAL OF THE HOUSE,

HB 1408. By Representatives Parrish of the 109th, Robinson of the 96th, Parham of the 105th, Pannell of the 122nd, Chambless of the 133rd and others;
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide for limitations upon punitive damages involving certain drugs and provide for exceptions thereto.
Referred to the Committee on Judiciary.

HB 1411. By Representatives Dobbs of the 74th, Lane of the lllth, Hanner of the 131st and Porter of the 119th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Anno tated, relating to radiation control, so as to change certain definitions; to pro vide for licensing of users of radioactive materials other than by-product, source, and special nuclear materials as sources of ionizing radiation.
Referred to the Committee on Natural Resources & Environment.

HB 1412. By Representatives Dobbs of the 74th, Jackson of the 9th, Dover of the llth, Hanner of the 131st, Lane of the lllth and others:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Anno tated, relating to implied consent to chemical tests, so as to provide for the administration of such tests to a person operating a motor vehicle involved in an accident in which there is a fatality; to provide sanctions for the refusal to submit to a chemical test.
Referred to the Committee on Judiciary.

HB 1413. By Representatives Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Anno tated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require financial statements to include revenues and expenditures in cer tain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.
Referred to the Committee on Governmental Affairs.

HB 1414. By Representative Beck of the 148th:
A bill to amend Code Section 45-7-92 of the Official Code of Georgia Anno tated, relating to oath, salary, expenses, and meetings of members of the State Commission on Compensation, so as to change the salary of the mem bers of the commission.
Referred to the Committee on Governmental Affairs.

HB 1415. By Representative Crosby of the 150th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 26, 1988

195

HB 1416. By Representatives Beck of the 148th and Pinkston of the 100th:
A bill to amend Code Section 7-4-2 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide that the rate of interest established by written contract on transactions of $250,000.00 or more may be expressed in simple interest terms or otherwise.
Referred to the Committee on Banks & Banking.

HB 1417. By Representative Crosby of the 150th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxation, so as to revise provisions relating to income tax administration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withholding tax returns.
Referred to the Committee on Ways & Means.

HB 1418. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-114, relating to the requirement of pay ment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals.
Referred to the Committee on Ways & Means.

HB 1419. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Anno tated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding.
Referred to the Committee on Ways & Means.

HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require certain local governments to file an annual report of local government finances with the Department of Community Affairs.
Referred to the Committee on Ways & Means.

HB 1421. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others:
A bill to amend the charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to change the provisions relating to the Board of Tax Assessors for the consolidated government.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1427. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of supe rior court for Carroll County of the Coweta Judicial Circuit.
Referred to the Committee on Judiciary.

196

JOURNAL OF THE HOUSE,

HB 1428. By Representatives McDonald of the 12th and Wood of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any honorably discharged veterans of the armed forces of the United States.
Referred to the Committee on Motor Vehicles.

HB 1429. By Representative Thomas of the 69th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal the provisions relating to records of sex criminal convictions and furnishing records to the Georgia Bureau of Investigation.
Referred to the Committee on Judiciary.

HB 1430. By Representatives McKelvey of the 15th, Childers of the 15th, Pettit of the 19th, Wood of the 9th, Cummings of the 17th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any veterans of the armed forces of the United States who were present at and survived the attack on Pearl Harbor.
Referred to the Committee on Motor Vehicles.

HB 1431. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 16-9-51 of the Official Code of Georgia Anno tated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.
Referred to the Committee on Judiciary.

HB 1432. By Representative Alford of the 57th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to change the method whereby income is allocated and apportioned to Georgia and its political subdivisions for pur poses of income taxation.
Referred to the Committee on Ways & Means.

HB 1433. By Representatives McKelvey of the 15th, Childers of the 15th, Pettit of the 19th, Wood of the 9th, Cummings of the 17th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.
Referred to the Committee on Motor Vehicles.

TUESDAY, JANUARY 26, 1988

197

HB 1434. By Representatives Herbert of the 76th, Richardson of the 52nd, Mostiler of the 75th, Townsend of the 24th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to the parent and child relationship, so as to change the provisions relating to visitation rights of grandparents and actions related thereto.
Referred to the Committee on Special Judiciary.

HB 1435. By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment decisions; to provide that individual investments shall be considered as a part of an overall investment strategy.
Referred to the Committee on Judiciary.

HB 1436. By Representatives Lawler of the 20th, Mostiler of the 75th, Kilgore of the 42nd and McDonald of the 12th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties.
Referred to the Committee on Public Safety.

HB 1437. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
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 certifications of corporate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas.
Referred to the Committee on Judiciary.

HB 1438. By Representatives Thomas of the 69th, Robinson of the 96th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which application for appeal is required, so as to change a reference to appeals from decisions of the State Board of Workers' Compensation.
Referred to the Committee on Judiciary.

HB 1439. By Representative Johnson of the 72nd:
A bill to amend Code Section 33-4-6 of the Official Code of Georgia Anno tated, relating to the liability of an insurer for damages and attorney's fees for failure to pay a claim, so as to provide that an insurer must show that it acted in good faith in failing or refusing to pay an insurance claim within a certain period.
Referred to the Committee on Judiciary.

198

JOURNAL OF THE HOUSE,

HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Hanner of the 131st and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Anno tated, relating to killing of deer which have no antlers visible, so as to pro vide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.
Referred to the Committee on Game, Fish & Recreation.

HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
Referred to the Committee on Game, Fish & Recreation.

HB 1442. By Representatives Rainey of the 135th, Hooks of the 116th, Walker of the 115th, Bostick of the 138th, Carter of the 146th and others:
A bill to amend Code Section 36-43-3 of the Official Code of Georgia Anno tated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality.
Referred to the Committee on State Planning & Community Affairs.

HB 1443. By Representatives Rainey of the 135th, Mangum of the 57th, Cummings of the 17th, Peters of the 2nd, Moore of the 139th and others:
A bill to amend Code Section 40-6-160 of the Official Code of Georgia Anno tated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation.
Referred to the Committee on Motor Vehicles.

HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Anno tated, relating to fees of the Secretary of State for filing documents and issu ing certificates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state wide county computerized information network and participation by clerks of superior courts therein.
Referred to the Committee on Judiciary.

HB 1445. By Representatives Lawler of the 20th and Clark of the 20th:
A bill to amend Code Section 39-2-4 of the Official Code of Georgia Anno tated, relating to the employment of minors under 16 years of age during school hours, so as to provide that the prohibition against employment during school hours shall apply to any minor; to provide an additional pro hibition against employment of any minor during certain hours on any day immediately preceding a school day.
Referred to the Committee on Education.

TUESDAY, JANUARY 26, 1988

199

HB 1446. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Ramsey of the 3rd, Milford of the 13th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to non commercial fishing, so as to prohibit the use of sport trotlines within one-half mile below any lock or dam on any fresh waters of this state.
Referred to the Committee on Game, Fish & Recreation.

HR 621. By Representative Mobley of the 64th:
A resolution consenting to the annexation of certain state owned real prop erty located in Barrow County into the municipal limits of the City of Winder.
Referred to the Committee on State Institutions & Property.

HR 626. By Representative Lane of the 27th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the issuance of temporary loans on behalf of spe cial service districts.
Referred to the Committee on State Planning & Community Affairs.

HR 627. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 628. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd, Triplett of the 128th and Pannell of the 122nd:
A resolution creating the Study Committee on Property Assessment in Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 631. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Floyd of the 154th, Morton of the 47th and others:
A resolution authorizing the Georgia Veterans of Foreign Wars to place a bust of the late James H. "Sloppy" Floyd in the foyer of the James H. "Sloppy" Floyd Veterans Memorial Building.
Referred to the Committee on Defense & Veterans Affairs.

HR 652. By Representatives Hamilton of the 124th, Pannell of the 122nd, Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A resolution creating the Chatham County Homestead Exemption Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

200

JOURNAL OF THE HOUSE,

HR 653. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd:
A resolution authorizing the release of certain restrictions and limitations on use of real property contained in the October 3, 1985, quitclaim deed from the State of Georgia to the City of Dalton, Georgia.
Referred to the Committee on State Institutions & Property.

HR 654. By Representative Johnson of the 72nd: A resolution compensating Mr. Calvin Hart.
Referred to the Committee on Appropriations.

HR 655. By Representative Lawler of the 20th: A resolution compensating Ms. Mary E. Saponari.
Referred to the Committee on Appropriations.

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

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drink ing age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.
Referred to the Committee on Judiciary.

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

HR 656. By Representative Lee of the 72nd:
A resolution inviting the Coca-Cola World Chorus to the gallery of the House of Representatives for the purpose of being recognized by the House of Representatives.

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

HB 1357 HB 1358 HB 1359 HB 1360 HB 1361
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HB 1368 HB 1369 HB 1370 HB 1372 HB 1373
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HB 1401

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Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

TUESDAY, JANUARY 26, 1988

201

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1209 Do Pass, as Amended HR 570 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1244 Do Pass HB 1139 Do Pass, by Substitute

HB 912 Do Pass, by Substitute HB 1273 Do Pass, by Substitute

Respectfully submitted, /s/ Rainey of the 135th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1281 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1324 Do Pass, by Substitute HB 1352 Do Pass, as Amended
Respectfully submitted, /s/Watson of the 114th
Chairman

202

JOURNAL OF THE HOUSE,

Representative Chambless of the 133rd District, Vice-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 1272 Do Pass, as Amended
Respectfully submitted, /s/ Chambless of the 133rd
Vice-Chairman

Representative Crosby of the 150th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1304 Do Pass HB 1307 Do Pass HB 1308 Do Pass, by Substitute

HB 1328 Do Pass, by Substitute HB 1334 Do Pass, by Substitute HB 1337 Do Pass

Respectfully submitted, /s/ Crosby of the 150th
Vice-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 622 Do Pass HR 623 Do Pass HR 624 Do Pass

HR 625 Do Pass HR 656 Do Pass

Respectfully submitted, /s/ 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 House and has instructed me to report the same back to the House with the follow ing recommendations:

TUESDAY, JANUARY 26, 1988

203

HB 1221 Do Pass, by Substitute HB 1350 Do Pass

Respectfully submitted, /s/ Randall of the 101st
Chairman

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 607. By Representatives Cox of the 141st and Long of the 142nd: A resolution commending the Bainbridge High School Bearcat Band.

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

SB 401. By Senator Kidd of the 25th:
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 change the provisions relating to the crime of discharging a gun or pistol near a public highway or street; to make it unlawful for any person, without legal justification, to discharge a firearm at a moving vehicle which is traveling on a public highway or street.

SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to landlord and tenant, so as to provide that it shall be unlaw ful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant; to provide for a definition; to provide for a penalty.

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

SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to landlord and tenant, so as to provide that it shall be unlaw ful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant; to provide for a definition; to provide for a penalty.
Referred to the Committee on Special Judiciary.

SB 401. By Senator Kidd of the 25th:
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 change the provisions relating to the crime of discharging a gun or pistol near a public highway or street; to make it unlawful for any person, without legal justification, to discharge a firearm at a moving vehicle which is traveling on a public highway or street.
Referred to the Committee on Judiciary.

204

JOURNAL OF THE HOUSE,

Representative Isakson of the 21st moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 281. By Representatives Adams of the 36th and Isakson of the 21st:
A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to provide for definitions; to provide for legislative find ings and intent; to require certain political subdivisions before approving developments having a regional impact to receive certain reviews and recom
mendations and take official action thereon.

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
Bailey Balkcom N Bannister N Bargeron N Bamett,B N Barnett.M
Y Beck Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks N Brown
YBuck N Buford
NByrd Y Carrell
Y Carter Y Chambless
Y Chance N Cheeks Y Childera
Y Clark.B Y Clark,H
Clark.L Colbert

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

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

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

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

On the motion, the ayes were 77, nays 70.

The motion prevailed.

Representative Isakson of the 21st moved that HB 281 be withdrawn from the Gen eral Calendar and recommitted to the Committee on State Planning and Community

Affairs. The motion prevailed.

TUESDAY, JANUARY 26, 1988

205

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on State Planning and Com munity Affairs - Local:

SB 445. By Senator McKenzie of the 14th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated registration periods as provided in Code Section 41-2-20.1 of the Official Code of Georgia Annotated.

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

HR 16. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create a commission and author ize such commission to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article X, Section I of the Constitution is amended by adding at the end thereof a new Paragraph VII to read as follows:
"Paragraph VII. Renumbering, redesignation, and rearrangement of provisions of the Constitution. There is created a commission to be composed of the Governor, the Presi dent of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Legislative Counsel. The commission is authorized to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to cor rect cross-references within the Constitution when two or more articles, sections, Para graphs, or provisions have been given the same number or designation by the Constitution or by multiple amendments to the Constitution. Following each general election, the commission shall examine the Constitution and all amendments which have been ratified and shall notify the Secretary of State, by the first day of January follow ing each general election, of any changes adopted by the commission. Any renumbering, redesignation, rearrangement, or correction adopted by the commission shall be incorpo rated into and become a part of the Constitution upon receipt of such notice by the Secretary of State or upon the effective date of the article, section, Paragraph, or provi sion affected, whichever is later."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

YES ( ) NO

Shall the Constitution be amended so as to create a commission and authorize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution?"

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

206

JOURNAL OF THE HOUSE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The 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
Athon Y Atkins
Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.G
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
Groover Y Hamilton Y Banner Y Harris
Hasty 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 YLane.D Y Lane.R Y Langibrd Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morion

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten N Peters Y Pettit Y Phillips Y Pinkston
Y Pittman Y Porter Y Powell Y Prichard N Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketaon 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
YSnow Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 154, nays 2.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representatives Peters of the 2nd and Rainey of the 135th stated that they inadver tently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1345.

By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-483 of the Official Code of Georgia Anno tated, relating to meetings of boards of directors, quorum, committees, and acting without meeting, so as to authorize the department to reduce the fre quency of required meetings of the board of directors.

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, JANUARY 26, 1988

207

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
Benefleld Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H Y Clark,L
Colbert

Y Coleman
Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y 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 Y Groover Y Hamilton Y Manner Y Harris
Y Hasty 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 Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Smith.P
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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was

Representative Carrell of the 65th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HB 458. 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 Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors benefits, under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivors benefits.

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 Y Bargeron
Y Barnett.B Y Barnett.M YBeck
Benefleld

YBenn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Brooks Y Brown YBuck

Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Clark.B Y Clark,H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Y Couch

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JOURNAL OF THE HOUSE,

YCox
Y Crawford
Y Crosby
Y Cummings,B
Y Cummings.M 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 Ooodwin Y Gretn Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty

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
Langford Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Mangum

Y Martin McCoy
Y McDonald Y McKelvey
McKinney Y Meadows
Y Milam Y Milford Y Mobley
Moody Y Moore Y Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Oliver.M
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 Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith,? 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 Tolbert
Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Y Williams.J Y Wilson
Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1192.

By Representative Wall of the 61st:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Anno tated, relating to the procedure for the sale or disposition of county real property generally, so as to exempt the transfer of recreational set-aside property to certain homeowners' associations.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property generally, so as to exempt the transfer of recreational set-aside property to certain homeowners' associations under certain conditions; 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 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property generally, is amended by adding a new subsection (e) to read as follows:
"(e) Notwithstanding subsection (a) of this Code section, where the governing authority has prescribed a system of recreational set-asides where developers are required to set aside a certain amount of property in each new subdivision for recrea tional purposes and where those recreational set-asides have been conveyed to the county governing authority at no cost to the county, the county governing authority shall have the right to negotiate and consummate a private sale of such property to a homeowners' association representing the majority of property owners in the subdivision where the recreational set-aside property is located, provided that the use of the prop erty shall be for recreational purposes for a period of not less than five years from the date of the sale. Notice of intention of the county governing authority to make a private sale shall be published once a week for four weeks in the official organ of the county."

TUESDAY, JANUARY 26, 1988

209

Section 2. This Act shall become effective May 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 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
Benefield Benn Y Birdsong Bishop Y Bostick Y Branch Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers N Clark.B Y Clark.H Y Clark.L
Colbert

Coleman Y Colwell
Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B N Cummings.M N Davis.G Y Davis.M Y Dixon
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 Manner
Y Harris Hasty Heard 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
Lee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum
Martin McCoy Y McDonald Y McKelvey McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

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

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

On the passage of the Bill, by substitute, the ayes were 143, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HR 622. By Representatives Alford of the 57th and McCoy of the 1st:
A resolution commending Dr. John Patrick Crecine and inviting him to appear before the House of Representatives.

HR 623. By Representatives Alford of the 57th and McCoy of the 1st:
A resolution commending Dr. Henry Clark Bourne, Jr., and inviting him to appear before the House of Representatives.

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

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JOURNAL OF THE HOUSE,

HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Anno tated, relating to the Court of Appeals, so as to authorize the Court of Appeals to establish by rule a preappeal settlement conference procedure.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to establish by rule a preappeal settlement conference procedure; to provide for settlement conference judges; to provide for travel, per diem, and pay allowances; to provide for review of proposed rules or amendments; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, is amended by adding a new Code section at the end thereof, to be designated Code Section 15-3-13, to read as follows:
"15-3-13. (a) The Court of Appeals of Georgia is authorized to establish by rule of court a voluntary preappeal settlement conference procedure.
(b) The Court of Appeals shall utilize Senior Appellate Court Justices and Judges and senior superior court judges as settlement conference judges.
(c) Settlement conference judges 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 courts when called.
(d) Any rules or amendments thereto adopted pursuant to this Code section shall be submitted to the State Bar of Georgia, the Judiciary Committee of the House of Repre sentatives, and the Judiciary Committee of the Senate at least 30 days before such rules or amendments shall become effective. The Court of Appeals shall receive and consider such comments as shall be made by such organization or committees."
Section 2. This Act shall become effective February 1, 1989.
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 Y Bargeron Y Barnett.B
Y Barnett.M Y Beck
Benefield Benn

Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H

Clark.L
Colbert Y Coleman Y Colwell
Connell
Y Couch Y Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M 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
Greer Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty

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 Y Lane.R

TUESDAY, JANUARY 26, 1988

211

Y Langford Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford

Y Mobley Y Moody Y Moore
Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Oliver.M 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
Ramsey.V Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod

Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith.P 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 Tolbert Y Townsend

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

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Anno tated, relating to limited partnerships, so as to revise, modernize, and super sede the laws of Georgia relating to limited partnerships.

The following Committee substitute was read and adopted:

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to modernize the laws of Georgia relating to limited partnerships organized on or after July 1, 1988, or organized before such date but electing to be governed by such laws; to provide for a short title; to provide for definitions; to pro vide that the name of such limited partnerships shall contain certain descriptive words or letters; to provide for name reservations; to provide the procedure for transferring name reservations; to provide that such limited partnerships shall maintain registered offices and agents; to provide the procedure for changing registered offices and agents; to provide the procedure for resigning as a registered agent; to provide that the Secretary of State shall be the registered agent of limited partnerships under certain conditions; to provide that such limited partnerships shall maintain certain records; to describe the nature of business in which such limited partnerships may engage; to provide for the formation of such limited partnerships; to provide for the type of business which partners may transact with such partnerships; to provide that a limited partnership may indemnify and hold harmless any partner or any other person; to provide for the content of certificates of limited part nership for such partnerships; to provide for amendments to certificates of limited part nership for such partnerships; to provide for the cancellation of certificates of limited partnership for such partnerships; to provide for the execution and form of certificates of limited partnership for such partnerships; to provide for the execution of certificates of limited partnership for such partnerships by judicial order; to provide for the filing of certificates of limited partnership for such partnerships and any certificates of amend ment, cancellation, merger or of any judicial decree of amendment, cancellation, or merger with the Secretary of State; to provide for the merger of limited partnerships; to provide for filing of an annual registration and the contents thereof; to provide penalties and restrict activities of limited partnerships which fail to file annual registrations; to provide for the admission of limited partners; to provide for classes of limited or general partners;

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to provide for voting by limited and general partners; to provide for liability of limited partners; to provide the method whereby a person erroneously believing himself a limited partner can avoid liability as a general partner; to provide for the obtaining of information by partners relating to their interests in such limited partnerships; to provide for the admission of additional general partners; to provide for general powers and liabilities of general partners; to provide that a person may be both a general and a limited partner; to provide for voting by limited and general partners; to provide for the form of contribu tion to the capital of such a limited partnership; to provide for liability for contributions; to provide for the allocation of profits, losses, and other items; to provide for interim distributions; to provide that a person ceases to be a general partner under certain condi tions; to provide for withdrawal of general partners; to provide for withdrawal of limited partners; to provide for distribution of the fair value of a partner's interest upon with drawal; to provide for distribution in kind; to provide for the right to distribution; to pro vide for the nature of a partnership interest; to provide for the assignment of a partnership interest; to provide for the rights of creditors; to provide for the right of assignee to become a limited partner; to provide for the exercise of rights of deceased, incompetent, dissolved, or terminated partners; to provide for nonjudicial dissolution; to provide for judicial dissolution; to provide for the winding up of the affairs of limited part nerships after dissolution; to provide for the distribution of assets; to provide for foreign limited partnerships; to provide that certain laws shall govern foreign limited partnerships; to provide for the registration of foreign limited partnerships; to provide that foreign limited partnerships shall procure a certificate of authority from the Secretary of State to transact business in this state; to provide that foreign limited partnerships shall maintain agents for service of process; to provide for the issuance of a certificate of authority to for eign limited partnerships; to provide for the registration of names of foreign limited part nerships; to provide for amendments to certificates of authority by foreign limited partnerships; to provide for the cancellation of registration; to provide penalties for the transacting of business without registration; to authorize actions by the Attorney General; to provide for derivative actions; to provide for the right of derivative action by limited partners; to provide that a plaintiff must be a partner at the time of bringing a derivative action; to provide for pleadings and expenses; to provide for fees and the collection thereof by the Secretary of State; to grant the Secretary of State the power and authority to administer the law relative to certain limited partnerships and to perform the duties imposed upon him in connection therewith including the power and authority to employ additional personnel; to authorize the Secretary of State to promulgate rules and regula tions; to provide that the Secretary of State's duty to file limited partnership documents is ministerial; to provide for the orderly transition to a centralized filing system for certain limited partnerships; to provide for rules of construction; to provide for applicability of Article 1 and Article 2 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated; to provide for other matters relative to the foregoing; 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 14 of the Official Code of Georgia Annotated, relating to corpora tions, partnerships, and associations, is amended by redesignating Chapter 9 as Chapter 9A and by redesignating Code Sections 14-9-1 through 14-9-130 as Code Sections 14-9A-1 through 14-9A-130, respectively. The Official Code of Georgia Annotated is amended by striking any existing reference or cross-reference to Code Sections 14-9-1 through 14-9-130 and inserting the appropriate reference or cross-reference to Code Sections 14-9A-1 through 14-9A-130 in lieu thereof. Title 14 of the Official Code of Georgia Annotated is further amended by adding thereto a new Chapter 9 to read as follows:
"CHAPTER 9 ARTICLE 1
14-9-100. This chapter may be cited as the 'Georgia Revised Uniform Limited Part nership Act.'

TUESDAY, JANUARY 26, 1988

213

14-9-101. As used in this chapter, unless the context of a provision of this chapter otherwise requires or unless otherwise defined in the partnership agreement:
(1) 'Certificate of limited partnership' means the certificate referred to in Code Section 14-9-201, and such certificate as amended or restated.
(2) 'Contribution' means a contribution to the capital of a limited partnership authorized by Code Section 14-9-501.
(3) 'Event of withdrawal of a general partner' means an event that causes a person to cease to be a general partner as provided in Code Section 14-9-602.
(4) 'Foreign limited partnership' means a partnership formed under the laws of another state and having as partners one or more general partners and one or more limited partners.
(5) 'General partner' means a person who: (A) Becomes a general partner upon the formation of a limited partnership in
accordance with Code Section 14-9-201 or becomes a general partner in accordance with Code Section 14-9-401, is named in the certificate of limited partnership as a general partner and has not ceased to be a general partner pursuant to Code Section 14-9-602; or
(B) Is a general partner of a foreign limited partnership in accordance with the law of the state of organization. (6) 'Interest' means interest at the legal rate that applies when the percentage rate is not named in the contract as provided by Code Section 7-4-2 or any successor statute. (7) 'Limited partner' means a person who:
(A) Has been admitted to a limited partnership as a limited partner in accord ance with Code Section 14-9-301 and has not withdrawn as a limited partner pur suant to Code Section 14-9-603; or
(B) Is a limited partner in a foreign limited partnership in accordance with the law of the state of organization. (8) 'Limited partnership* and 'domestic limited partnership' mean a partnership formed in accordance with Code Section 14-9-201 by two or more persons under the laws of this state and having one or more general partners and one or more limited partners. (9) 'Partner' means a limited partner or general partner of a limited partnership. (10) 'Partnership agreement' means an agreement, written or oral, of the partners of a limited partnership as to the affairs of the limited partnership and the conduct of its business. (11) 'Partnership interest' means a partner's share of the capital and profits and losses of a limited partnership, the right to receive distributions of partnership assets, and the right to receive any allocation of income, gain, loss, deduction, credit, or simi lar items. (12) 'Person' means an individual, corporation, business trust, estate, trust, partner ship, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity, or any person acting in a representative capacity. (13) 'State' means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States.
14-9-102. (a) The name of each limited partnership shall be as set forth in its certificate of limited partnership and:
(1) Must contain the words 'limited partnership' or the abbreviation 'L.P.';
(2) May not contain the name of a limited partner unless:
(A) It is also the name of a general partner or the corporate name of a corporate general partner; or
(B) The business of the limited partnership has been carried on under that name before the admission of that limited partner;
(3) Must be distinguishable on the records of the Secretary of State from the name of an active limited partnership which is organized under this chapter or which has elected to adopt this chapter pursuant to subsection (b) of Code Section 14-9-1201; and any active foreign limited partnership having a certificate of authority in this

214

JOURNAL OF THE HOUSE,

state; and any corporation, professional corporation, or professional association on file with the Secretary of State pursuant to this title; and
(4) May not contain any words indicating that the business is organized other than as a limited partnership, except as permitted by paragraph (1) of this Code section. (b) If by reason of paragraph (1) or (3) of subsection (a) of this Code section a name would otherwise be unavailable to a limited partnership which files with the Secretary of State under the provisions of subsection (b) of Code Section 14-9-1201, such name shall nonetheless be available to such limited partnership, but such limited partnership shall be distinguished on the records of the Secretary of State by the Secretary of State's adding as necessary:
(1) '(L.P.)' to the name of the partnership on its records; and (2) Adding to the name of such partnership on its records in parentheses the name of the county in which it was organized and, if necessary to distinguish multiple part nerships making such filings that were organized in the same county, by adding a numerical distinction to the county name. Such addition of a county name and numer ical distinction to a limited partnership name by the Secretary of State shall be solely for the purpose of distinguishing limited partnerships on the files of the Secretary of State, shall not constitute a change in the name of the limited partnership, and shall have no effect whatsoever on the authority of the limited partnership to use its name. 14-9-103. (a) Any person may reserve the exclusive right to the use of a name avail able under Code Section 14-9-102 by delivering an application to the Secretary of State for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State finds that the limited partner ship name applied for is available, he shall reserve the name for the applicant's exclusive use for a 60 day period. An extension of this period may be granted by the Secretary of State for good cause shown. (b) The person so reserving a limited partnership name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee. 14-9-104. (a) Each limited partnership shall continuously maintain in this state: (1) A registered office which may, but need not, be a place of its business in this state; and
(2) A registered agent for service of process on the limited partnership. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection. (b) An agent for service of process must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. (c) A limited partnership may change its registered office or its registered agent or agents, or both, by executing and filing in the office of the Secretary of State a state ment setting forth:
(1) The name of the limited partnership; (2) The address of its then registered office;
(3) If the address of its registered office is to be changed, the new address of the registered office;
(4) The name or names of its then registered agent or agents;
(5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents and the written consent of each successor agent to his or its appointment; and
(6) That the address of its registered office and the address of the business office of its registered agent or agents, as changed, will be identical.
(d) If the Secretary of State finds that such statement conforms to subsection (a) of this Code section, he shall file such statement in his office; and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective.
(e) Any registered agent of a limited partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the

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Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the limited partnership for which such agent is acting. Upon such resignation becoming effective, the address of the business office of the resigned regis tered agent shall no longer be the address of the registered office of the limited partner ship.
(f) A registered agent may change his or its business address and the address of the registered office of any limited partnership of which he or it is a registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such limited partnership other than the notifying registered agent.
(g) The registered agent of one or more limited partnerships may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that he or it resigns and the name and address of the successor registered agent. There shall be attached to such certificate a statement executed by each affected limited partnership ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such limited partnerships as have ratified and approved such substitution and the successor registered agent's address, as stated in such statement, shall become the address of each such limited partnership's registered office in this state. The Secretary of State shall furnish to the successor regis tered agent a certified copy of the statement of resignation.
(h) Whenever a limited partnership shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such limited partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by deliv ering to and leaving with him or with any other person or persons designated by the Secretary of State to receive such service duplicate copies of such process, notice, or demand. The plaintiff or his attorney shall certify in writing to the Secretary of State that he has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the limited partner ship has failed either to maintain a registered office or appoint a registered agent in this state. Any such service by certification to the Secretary of State shall be answerable in not less than 30 days. The provisions of this subsection may be used notwithstanding any inconsistent provisions of Chapter 11 of Title 9.
(i) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto.
14-9-105. (a) The general partners shall cause the limited partnership to keep the following:
(1) A current list of the full name and last known business address of each part ner, separately identifying in alphabetical order the general partners and the limited partners;
(2) A copy of the certificate of limited partnership, all certificates of amendment thereto, and all certificates of merger filed in mergers of which the limited partnership was the surviving partnership, together with executed copies of any powers of attorney pursuant to which any certificate has been executed;
(3) Copies of the limited partnership's federal, state, and local income tax returns and reports, if any, for the four most recent years;
(4) Copies of any then effective written partnership agreements, merger agree ments in connection with mergers of which the limited partnership was the surviving partnership, and of any annual financial statements of the limited partnership for the four most recent years; and

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(5) Unless contained in a written partnership agreement, a writing or writings setting out:
(A) The cash and property contributed by each partner to the capital of the partnership; and
(B) The cash and property to be contributed by each partner to the capital of the partnership and terms upon which such contributions are to be made, (b) The general partners shall make available records kept under this Code section in accordance with Code Section 14-9-305. 14-9-106. (a) A limited partnership may engage in any activity except to the extent provided by law or in the partnership agreement. (b) Any estate in real property may be acquired in the name of a domestic limited partnership or of a foreign limited partnership (whether or not such foreign limited part nership has procured, or is required under the provisions of Code Section 14-9-902 to procure, a certificate of authority to transact business in this state), and title to any estate so acquired shall vest in the domestic or foreign limited partnership itself rather than in the partners individually. The specification of this power shall not be construed to limit any other power which such domestic or foreign limited partnership may pos sess. (c) Instruments executed by a domestic or foreign limited partnership conveying an interest in real property located in this state, when signed on behalf of such limited partnership by a person purporting to be a general partner of such limited partnership, shall be presumed to have been duly authorized by and binding upon such limited part nership unless contrary limitations on the authority of the general partner are set forth in the certificate of limited partnership and a copy of the certificate of limited partner ship certified by the Secretary of State is filed in the office of the clerk of the superior court of the county where the real property is located and recorded in the book kept by such clerk for statements of partnership pursuant to Code Section 14-8-10.1. 14-9-107. Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner. 14-9-108. To the extent set forth in the partnership agreement, a limited partnership may, and shall have the power to, indemnify and hold harmless any partner or other person from and against any and all claims and demands whatsoever, provided that the partnership shall not indemnify any person: (1) For intentional misconduct or a knowing violation of law; or (2) For any transaction for which the person received a personal benefit in viola tion or breach of any provision of the partnership agreement.
ARTICLE 2
14-9-201. (a) In order to form a limited partnership, a certificate of limited partner ship must be executed and filed in the office of the Secretary of State. The certificate must set forth:
(1) The name of the limited partnership; (2) The address of the registered office and the name and address of the initial agent for service of process required to be maintained by Code Section 14-9-104; (3) The name and the business address of each general partner; (4) The latest date upon which the limited partnership is to dissolve; and (5) Any other matters the general partners determine to include therein, (b) A limited partnership exists from the time of the filing of the certificate of limited partnership in the office of the Secretary of State or at any later time specified in the certificate of limited partnership to the time of cancellation pursuant to subsec tion (c) of Code Section 14-9-206. 14-9-202. (a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate must set forth: (1) The name of the limited partnership;

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(2) The date of filing the certificate; and (3) The amendment to the certificate. (b) A certificate of limited partnership may be amended at any time for any proper purpose the general partners determine. 14-9-203. A certificate of cancellation may be filed in the office of the Secretary of State when all debts, liabilities, and obligations of the limited partnership have been paid and discharged or reasonably adequate provision therefor has been made, and all of the remaining property and assets of the limited partnership have been distributed to the partners, or when there are no limited partners. Such certificate shall set forth: (1) The name of the limited partnership; (2) The date of filing of its certificate of limited partnership; (3) The basis permitted by this Code section for filing the certificate of cancel lation;
(4) The effective date of cancellation, which must be a date certain unless it is effective upon the filing of the certificate; and
(5) Any other information determined to be necessary by the general partners filing the certificate. 14-9-204. (a) Each certificate required by this article to be filed in the office of the Secretary of State must be executed, in such form as may be prescribed by the Secretary of State, in the following manner:
(1) An original certificate of limited partnership must be signed by all general partners;
(2) A certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner;
(3) A certificate of cancellation must be signed by all general partners; and (4) A certificate of merger must be executed by at least one general partner of each of the constituent domestic or foreign limited partnerships. (b) Any person may sign a certificate by an attorney-in-fact, but a power of attorney to sign a certificate relating to the admission of a general partner must specifically describe the admission. 14-9-205. (a) If a person required by Code Section 14-9-204 to execute a certificate fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior court of the county where the registered office of the limited partnership is located to direct the execution of the certificate. If the court finds that it is proper for the certificate to be executed and that any person so designated has failed or refused to execute the certificate, it shall order the Secretary of State to record an appropriate certificate. (b) The court shall assess the costs and expenses of such proceeding against the limited partnership, except that all or any part of such costs and expenses may be apportioned and assessed, as the court may determine, against any or all of the persons required by Code Section 14-9-204 to execute a certificate who failed or refused to do so if the court finds that such failure or refusal was arbitrary, vexatious, or otherwise not in good faith. 14-9-206. (a) A signed copy, and facsimile thereof, of the certificate of limited part nership and of any certificates of amendment, cancellation, or merger, or of any judicial decree of amendment, cancellation, or merger must be delivered to the Secretary of State. A person who executes a certificate as an agent or fiduciary need not exhibit evi dence of his authority as a prerequisite to filing. Unless the Secretary of State finds that a certificate does not conform to law, upon receipt of all filing fees required by law he shall: (1) Stamp or otherwise endorse his official title and the date and time of receipt on both the original and the facsimile copy; (2) File the signed copy in his office; and (3) Return the facsimile of the signed copy to the person who filed it or to his representative. (b) Upon the filing pursuant to this Code section or recording pursuant to Code Section 14-9-205 of a certificate of amendment, the certificate of limited partnership is amended as set forth in the certificate of amendment.

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(c) Upon the later of the filing of a certificate of cancellation pursuant to this Code section or of the effective date of the cancellation pursuant to paragraph (4) of Code Section 14-9-203, or upon the recording pursuant to Code Section 14-9-205 of a certif icate of cancellation, the certificate of limited partnership is canceled.
(d) Upon the later of the filing of a certificate of merger pursuant to this Code section or of the effective date pursuant to paragraph (4) of subsection (b) of Code Section 14-9-206.1 of a certificate of merger, or upon the recording pursuant to Code Section 14-9-205 of a certificate of merger, the constituent partnerships named in the certificate are merged.
14-9-206.1. (a) Pursuant to a written agreement, a domestic limited partnership may merge with one or more domestic or foreign limited partnerships. The agreement shall designate the surviving domestic or foreign limited partnership. The agreement of merger may also set forth:
(1) The terms and conditions of the merger; (2) The manner and basis of converting the interests of the partners of the constit uent domestic or foreign limited partnerships into interests in the surviving domestic or foreign limited partnership or, in whole or in part, into cash or other property; (3) The rights and, subject to Code Section 14-9-502, obligations of the partners of the surviving domestic or foreign limited partnership. (b) The surviving domestic or foreign limited partnership shall file a certificate of merger with the Secretary of State on behalf of each domestic limited partnership that is a party to the merger. The certificate shall state: (1) The name and state of domicile of each of the constituent partnerships; (2) That an agreement of merger has been approved by the requisite action by each of the constituent partnerships in accordance with their respective partnership agreements;
(3) The name and state of domicile of the surviving partnership; (4) The effective date or time, which shall be a date or time certain, of the merger if not effective on the date of filing of the certificate of merger; (5) If the surviving partnership is a foreign limited partnership without a certif icate of authority to do business in this state, that the Secretary of State is appointed agent of the surviving limited partnership on whom process in this state in any action, suit, or proceeding for the enforcement of an obligation of a domestic limited partner ship constituent to the merger may be served and the address to which a copy of the process is to be mailed.
(c) On the effective date of the merger, each partnership that is not the surviving limited partnership in the merger is terminated.
(d) The certificate of merger shall have the effect of the certificate of cancellation for a domestic or registered foreign limited partnership that is not the surviving domes tic or foreign limited partnership in the merger.
(e) On service on the Secretary of State pursuant to appointment under paragraph (5) of subsection (b) of this Code section, subsection (i) of Code Section 14-9-902.1 is applicable, except that the plaintiff in the action, suit, or proceeding shall certify to the Secretary of State that he has forwarded by registered mail such process, service, or demand to the address specified in the certificate of merger as required by paragraph (5) of subsection (b) of this Code section.
(f) When the certificate of merger required by subsection (b) of this Code section is effective, then for all purposes of the law of this state:
(1) The surviving domestic or foreign limited partnership shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of each of the merging partnerships, and all property, real, personal and mixed, and all debts due to any of those partnerships, as well as all other choses in action, and each and every other interest of or belonging to or due to each of the merged partnerships shall be taken and deemed to be transferred to and vested in the surviving domestic or foreign limited partnership without further act or deed; and the title to any real estate, or any interest therein, vested in any of the merged partnerships shall not revert or be in any way impaired by reason of such merger.

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(2) The surviving domestic or foreign limited partnership shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of each of the merged partnerships; and any claim existing or action or proceeding pending by or against any of such partnerships may be prosecuted as if such merger had not taken place, or such surviving partnership may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such partnership shall be impaired by such merger. 14-9-206.5. (a) Each domestic limited partnership and each foreign limited partner ship authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the limited partnership and the state under whose law it is organ ized;
(2) If a domestic limited partnership, the address of the office, and the name and address of the agent for service of process, required to be maintained by Code Section 14-9-104; or, if a foreign limited partnership, the name and address of the agent for service of process required to be maintained by Code Section 14-9-902.1;
(3) A mailing address for the partnership; and (4) Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter. (b) The first annual registration must be delivered to the Secretary of State between January 1 and April 1 of the year following the calendar year in which a domestic limited partnership was organized or a foreign limited partnership was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1 of the following calendar years. (c) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign limited partnership in writing and return the report to it for correction. If the registra tion is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. 14-9-206.6. (a) In addition to any action taken under Code Section 14-9-206.7, each limited partnership, domestic or foreign, that fails or refuses to file its annual registra tion for any year shall be penalized $25.00 for each year in which it so fails or refuses. (b) A limited partnership, whether domestic or foreign, which fails to comply with the annual registration requirements of this chapter may not maintain a proceeding in any court in this state. A proceeding may be commenced once the limited partnership files its annual registrations and pays any penalties required by this chapter. Notwith standing the provisions of this Code section, the failure of a limited partnership to meet the annual registration requirements of this chapter does not impair the validity of its acts or contracts or prevent it from defending any proceeding in this state. 14-9-206.7. A limited partnership, domestic or foreign, which fails for three consecu tive years to meet any filing requirement of this chapter may be placed on an inactive filing status in the automated data base of the Secretary of State and its name shall become available for reservation pursuant to Code Section 14-9-103. Such inactive status shall not affect any limitation on personal liability of a limited partner as provided by this chapter.
ARTICLE 3
14-9-301. (a) Subject to subsection (b) of this Code section, a person may become a limited partner in a limited partnership:
(1) In the case of a person acquiring a partnership interest directly from the limited partnership, upon compliance with the partnership agreement or, if the part nership agreement does not so provide in writing, upon the written consent of all part ners; and
(2) In the case of an assignee of a partnership interest, as provided in Code Section 14-9-704.

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(b) The effective time of admission of a limited partner to a limited partnership shall be the later of:
(1) The date the limited partnership is formed; or (2) The time provided in the partnership agreement, or if no such time is provided therein, then when the person's admission is reflected in the records of the limited partnership. 14-9-302. (a) The partnership agreement may grant: (1) The right to vote to all or certain identified limited partners or specified clas ses or groups of the limited partners on a per capita or any other basis separately or with all or any class or group of the limited partners or the general partners, on all matters or on one or more specified matters; and (2) Dissenters' rights to all or certain identified limited partners (b) A partnership agreement that grants a right to vote may set forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be voted on by any limited partners, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other matter with respect to the exercise of any such right to vote. Subject to such provisions in the partnership agreement, the matters referred to in this subsection may be decided by the general partners. (c) In addition to the relative rights, powers, and duties authorized by subsections (a) and (b) of this Code section, a partnership agreement may provide for classes or groups of limited partners to have such relative rights, powers, and duties as the part nership agreement may provide. 14-9-303. A limited partner is not liable for the obligations of a limited partnership by reason of being a limited partner and does not become so by participating in the management or control of the business. 14-9-304. (a) Except as provided in subsection (b) of this Code section, and, as between the parties to the business enterprise, except as provided in their agreement, a person who makes a contribution to a business enterprise and erroneously believes that he has become a limited partner in the enterprise is not a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any right of a limited partner, if, on ascertaining the mistake, he: (1) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed in accordance with Code Sections 14-9-204 through 14-9-206; or (2) Files or causes to be filed with the Secretary of State in accordance with the procedures contained in subsection (a) of Code Section 14-9-206 a writing entitled 'Filing Pursuant to Paragraph (2) of Subsection (a) of Code Section 14-9-304 of the Official Code of Georgia Annotated' that sets forth:
(A) The name of the limited partnership; (B) The name and mailing address of the person signing the writing; (C) That the person signing the writing acquired a limited partnership interest in the partnership; (D) That the person signing the writing has done one or both of the following:
(i) Requested a general partner of the limited partnership to file an accurate certificate of limited partnership required by this chapter;
(ii) Instituted a proceeding pursuant to Code Section 14-9-204, which proceed ing has not been concluded; and (E) That the writing is being filed pursuant to paragraph (2) of subsection (a) of this Code section, and that the person signing the writing is claiming that he is not a general partner of the limited partnership named in the writing; or (3) Files or causes to be filed with the Secretary of State in accordance with the procedures contained in subsection (a) of Code Section 14-9-206 a writing entitled 'Filing Pursuant to Paragraph (3) of Subsection (a) of Code Section 14-9-304 of the Official Code of Georgia Annotated' that sets forth the information described in subparagraphs (A) through (C) of paragraph (2) of this subsection and the following addi tional information:

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(A) That the person signing the writing has renounced future equity participa tion in the enterprise; and
(B) That the writing is being filed pursuant to this paragraph, and that the person signing the writing is claiming status as a limited partner of the enterprise for the period including and prior to the filing of the certificate pursuant to this subsection. (b) A person who makes a contribution of the kind described in subsection (a) is liable as a general partner, irrespective of whether the enterprise is a general partner ship, to any third party who transacts business with the enterprise prior to the occur rence of the earliest of the events referred to in subsection (a) of this Code section: (1) If the contributor knew either that no certificate of limited partnership had been filed or that the certificate inaccurately referred to the contributor as a general partner; and (2) If the third party reasonably believed that the contributor was a general part ner at the time of the transaction and extended credit to the partnership in reasonable reliance on the credit of the contributor. (c) More than one party claiming limited partnership status under this Code section may sign the writing to be filed pursuant to subsection (b) of this Code section. 14-9-305. (a) Subject to such reasonable procedural standards as may be set forth in the partnership agreement or otherwise established by the general partners, a limited partner may, for any purpose reasonably related to the limited partner's interest as a limited partner: (1) Upon his reasonable request during ordinary business hours inspect at the registered office of the limited partnership and copy at his expense any partnership record required to be maintained by Code Section 14-9-105; (2) Upon his reasonable request during ordinary business hours inspect and copy at his expense other partnership books and records of account; and (3) Obtain from the general partners from time to time upon reasonable request:
(A) True information to such extent and in such form as is reasonably related to such limited partner's interest as a limited partner, regarding the state of the business and financial condition of the limited partnership;
(B) Promptly after becoming available, a copy of the limited partnership's fed eral, state, and local income tax returns for each year; and
(C) Other information regarding the affairs of the limited partnership as is just and reasonable. (b) If the limited partnership or a partner or agent of the limited partnership refuses to permit the inspection authorized by subsection (a) of this Code section, the limited partner demanding inspection may apply to the superior court for the county in which the registered office of the limited partnership is located, upon such notice as the court may require, for an order directing the limited partnership, its partners, or agent to show cause why an order permitting such inspection by the applicant should not be granted. The court shall hear the parties summarily, by affidavit or otherwise, and if the limited partnership fails to establish that the applicant is not entitled to such inspec tion, the court shall grant an order permitting such inspection, subject to any limitations which the court may prescribe, and grant such other relief, including costs and reason able attorneys' fees, as the court may deem just and proper.
ARTICLE 4
14-9-401. After the formation of a limited partnership, additional general partners may be admitted as provided in writing in the partnership agreement or, if the partner ship agreement does not provide in writing for the admission of additional general part ners, with the written consent of all partners.
14-9-403. (a) Except as otherwise provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the rights and powers and is subject to the restrictions of and liabilities to the partnership and to the other partners of a partner in a partnership without limited partners.

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(b) Except as otherwise provided in this chapter, a general partner of a limited part nership has the liabilities of a partner in a partnership without limited partners to per sons other than the partnership and the other partners.
14-9-404. A person may be both a general partner and a limited partner in a limited partnership if his interests are separately designated in the partnership agreement. A person who is both a general partner and a limited partner has the rights and powers and is subject to the restrictions and liabilities of a general partner and, except as pro vided in the partnership agreement, also has the rights and powers and is subject to the restrictions and liabilities, if any, of a limited partner to the extent of his participation in the partnership as a limited partner.
14-9-405. (a) The partnership agreement may grant: (1) The right to vote to all or certain identified general partners or specified clas
ses or groups of the general partners on a per capita or any other basis separately or with all or any class or group of the limited partners or the general partners, on all matters or on one or more specified matters; and
(2) Dissenters' rights to all or certain identified general partners. (b) A partnership agreement that grants a right to vote may set forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be voted on by any general partners, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other matter with respect to the exercise of any such right to vote. Subject to such provisions in the partnership agreement, the matters referred to in this subsection may be decided by the general partners. (c) In addition to the relative rights, powers, and duties authorized by subsections (a) and (b) of this Code section and by Code Section 14-9-504, a partnership agreement may provide for classes or groups of general partners having such relative rights, powers, and duties as the partnership agreement may provide.
ARTICLE 5
14-9-501. The contribution of a partner to the capital of a limited partnership may be in such form as is provided in the partnership agreement, including, unless otherwise provided therein but without limitation, cash, property, and services rendered, and may be made in such manner as is provided in the partnership agreement, including, unless otherwise provided therein but without limitation, by delivery of a promissory note or other obligation to contribute cash or property or to perform services.
14-9-502. (a) Notwithstanding any other provision of law regarding unwritten con tracts, including but not limited to Code Section 13-5-31, a promise by a person to make a contribution to the capital of a limited partnership is not enforceable unless set out in a writing signed by the person or his attorney in fact.
(b) Except as provided in the partnership agreement: (1) A partner is obligated to the limited partnership to perform an otherwise
enforceable promise to contribute cash or property or to perform services and to pay interest on the agreed contribution from the date the contribution is due; and
(2) This obligation exists even if the partner is unable to perform because of death, disability, or any other reason. (c) Unless otherwise provided in the partnership agreement, the obligation of a part ner to make a contribution to the capital of the partnership may be reduced or elimi nated only by consent of all partners. 14-9-503. All deductions, credits, income, gains, losses, and distributions of a limited partnership shall be allocated among the partners, and among classes of partners, in the manner provided in writing in the partnership agreement. If the partnership agreement does not so provide in writing, all allocations shall be made on the basis of the amount, as stated in the partnership records required to be kept pursuant to Code Section 14-9-105, of the contributions made by each partner to the extent that they have been received by the partnership and have not been returned.

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ARTICLE 6
14-9-601. A partner is entitled to receive distributions from a limited partnership before his withdrawal from the limited partnership and before the dissolution and wind ing up thereof only to the extent and at the times or upon occurrence of the events specified in the partnership agreement.
14-9-602. (a) A person ceases to be a general partner of a limited par.nership upon the occurrence of one or more of the following events:
(1) The general partner withdraws by voluntary act from the limited partnership as provided in subsection (c) of this Code section;
(2) The general partner ceases to be a member of the limited partnership as pro vided in paragraph (4) of subsection (a) of Code Section 14-9-702;
(3) The general partner is removed as a general partner in accordance with the partnership agreement;
(4) Unless otherwise provided in writing in the partnership agreement or approved by written consent of all partners at the time, the general partner:
(A) Makes an assignment for the benefit of creditors; (B) Files a voluntary petition in bankruptcy; (C) Is adjudicated a bankrupt or insolvent; (D) Files a petition or answer seeking for himself any reorganization, arrange ment, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) Files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him in any proceeding of this nature; or (F) Seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the general partner or of all or any substantial part of his prop erties; (5) Unless otherwise provided in the partnership agreement or approved by written consent of all partners at the time, 120 days after the commencement of any proceed ing against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regu lation, the proceeding has not been dismissed, or if within 90 days after the appoint ment without his consent or acquiescence of a trustee, receiver, or liquidator of the general partner or of all or any substantial part of his properties, the appointment is not vacated or stayed or within 90 days after the expiration of any stay, the appoint ment is not vacated; (6) In the case of a general partner who is an individual: (A) His death; or (B) The entry of an order by a court of competent jurisdiction adjudicating him incompetent to manage his person or his estate; (7) Unless otherwise provided in writing in the partnership agreement or approved by written consent of all partners at the time, in the case of a general partner who is a trust or is acting as a general partner by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee; (8) Unless otherwise provided in writing in the partnership agreement or approved by written consent of all partners at the time, in the case of a general partner that is a separate partnership, the dissolution and commencement of winding up of the separate partnership; (9) Unless otherwise provided in writing in the partnership agreement or approved by written consent of all partners at the time, in the case of a general partner that is a corporation, the filing of a certificate of the corporation's dissolution or the equivalent for the corporation or the revocation of its charter and the lapse of 90 days after notice to the corporation of revocation without a reinstatement of its charter; (10) In the case of an estate, the distribution by the fiduciary of the estate's entire interest in the partnership; or (11) Except as approved by written consent of all partners at the time, any event specified in writing in the partnership agreement as resulting in a person ceasing to be a general partner.

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(b) The withdrawing general partner shall give such notice of withdrawal, if any, as is provided for in subsection (c) of this Code section or in writing in the partnership agreement and is subject to damages caused by the failure to give such notice or to such penalties, if any, as are provided for in the agreement for failure to give notice.
(c) A general partner may withdraw by voluntary act from a limited partnership at any time by giving 90 days' written notice to the other partners, or such other notice as is provided for in the partnership agreement, but if the withdrawal violates the part nership agreement or it occurs as a result of otherwise wrongful conduct of the general partner, the limited partnership may recover from the withdrawing general partner dam ages for breach of the partnership agreement, including the reasonable cost of obtaining replacement of the services the withdrawing general partner was obligated to perform and may offset the damages against the amount otherwise distributable to him, in addi tion to pursuing any remedies provided for in the partnership agreement or otherwise available under applicable law. Unless otherwise provided in the partnership agreement, in the case of a partnership for a definite term or particular undertaking, a withdrawal
by a general partner before the expiration of that term or completion of that under taking is a breach of the partnership agreement,
(d) A general partner who ceases to be a general partner under this Code section
shall be personally liable to any creditor who extended credit to the limited partnership prior to the time:
(1) The partnership causes an appropriate certificate of amendment to be executed and filed in accordance with Code Sections 14-9-204 through 14-9-206; or
(2) He or his representative files or causes to be filed with the Secretary of State
in accordance with the procedures contained in subsection (a) of Code Section 14-9-206 a writing entitled 'Filing Pursuant to Paragraph (2) of Subsection (d) of
Code Section 14-9-602 of the Official Code of Georgia Annotated' that sets forth: (A) The name of the limited partnership;
(B) The name and mailing address of the person signing the writing; (C) That the person signing the writing has ceased to be a general partner in the partnership;
(D) That the person signing the writing has done one or both of the following: (i) Requested a general partner of the limited partnership to file an amended
certificate of limited partnership; (ii) Instituted a proceeding pursuant to Code Section 14-9-204, which proceed
ing has not been concluded; and (E) That the writing is being filed pursuant to this paragraph and that the
person signing the writing is claiming that he has ceased to be a general partner in the partnership named in the writing. (e) A general partner who ceases to be a general partner under this Code section
shall not be personally liable as a general partner for any partnership debt incurred after one of the events specified in subsection (d) of this Code section unless the applicable creditor at the time the partnership debt is incurred had a reasonable basis for believing
that the partner remained a general partner. The creditor shall be deemed to have a reasonable basis for believing that the partner remained a general partner if:
(1) The creditor was a creditor of the partnership at the time of the general partner's withdrawal or had extended credit to the partnership within two years prior
to the withdrawal and, in either case, had no knowledge or notice of the general partner's withdrawal; or
(2) The creditor had known that the general partner was a general partner in the partnership prior to withdrawal and, having no knowledge or notice of the withdrawal,
the fact of withdrawal had not been advertised in a newspaper of general circulation
in the place, or in each place if more than one, at which the partnership business was regularly carried on.
(f) The filing of a writing or certificate provided for in subsection (d) of this Code section shall not alone constitute notice within the meaning of paragraph (1) or (2) of subsection (e) of this Code section.
14-9-603. A limited partner may withdraw from a limited partnership at the time or
upon the occurrence of events specified in writing in the partnership agreement.

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225

14-9-604. Subject to contrary provision in the partnership agreement, a withdrawing partner is entitled to receive, within a reasonable time after withdrawal, the fair value of his interest in the limited partnership as of the date of withdrawal.
14-9-605. Except as provided in writing in the partnership agreement, a partner, regardless of the nature of his contribution, has no right to demand or to receive any distribution from a limited partnership in any form other than cash. Except as provided in writing in the partnership agreement, a partner may not be compelled to accept a distribution of any asset in kind from a limited partnership to the extent that the per centage of the asset distributed to him exceeds a percentage of that asset which is equal to the percentage in which he shares in distributions from the limited partnership.
14-9-606. Except as otherwise provided in the partnership agreement at the time a partner becomes entitled to receive a distribution, he has the status of, and is entitled to all remedies available to, a creditor of the limited partnership with respect to the distribution.
ARTICLE 7
14-9-701. A partnership interest is personal property. A partner has no interest in specific partnership property.
14-9-702. (a) Unless otherwise provided in the partnership agreement: (1) A partnership interest is assignable in whole or in part; (2) An assignment of a partnership interest does not dissolve a limited partnership
or entitle the assignee to become or to exercise any rights of a partner; (3) An assignment entitles the assignee to receive, to the extent assigned, the
assignor's partnership interest; (4) Until the assignee of a partnership interest becomes a partner, the assignor
partner continues to be a partner and to have the power to exercise any rights or powers of a partner, except to the extent those rights or powers are assigned; provided that on the assignment by a general partner of all of the general partner's rights as a general partner, the general partner's status as a general partner may be terminated by the affirmative vote of a majority in interest of the limited partners;
(5) Until an assignee of a partnership interest becomes a partner, the assignee has no liability as a partner solely as a result of the assignment; and
(6) The assignor of a partnership interest is not released from his liability as a partner solely as a result of the assignment. (b) A written partnership agreement may provide that a partner's partnership inter est may be evidenced by a certificate of partnership interest issued by the limited part nership and may also provide for the assignment or transfer of a partnership interest represented by such a certificate and make other provisions with respect to those certif icates. 14-9-703. (a) On application to a competent court by a judgment creditor of a part ner or of any assignee of a partner, the court may charge the partnership interest of the partner or such assignee with payment of the unsatisfied amount of the judgment, with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the partnership interest. This chapter shall not deprive any partner of the benefit of any exemption laws applicable to his partnership interest. (b) The remedy conferred by this Code section shall not be deemed exclusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the interest of a partner in the partnership by process of garnishment served on the partnership. 14-9-704. (a) An assignee of a partnership interest, including an assignee of a gen eral partner, may become a limited partner if and to the extent that:
(1) The partnership agreement so provides; or (2) All other partners consent. (b) An assignee who has become a limited partner has, to the extent assigned, the rights and powers and is subject to the restrictions and liabilities of a limited partner under the partnership agreement and this chapter. An assignee who becomes a limited

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partner also is liable for the obligations of his assignor to make contributions as pro vided in Code Section 14-9-502. However, unless otherwise agreed between the assignee and the assignor, such assignee is not obligated for liabilities unknown to the assignee at the time he became a limited partner and which could not be ascertained from the written partnership agreement.
(c) Subject to contrary provision in the partnership agreement, if an assignee of a partnership interest becomes a limited partner, the assignor is not released from his liability to the limited partnership under Code Section 14-9-502.
14-9-705. (a) If a partner who is an individual dies or a court of competent jurisdic tion adjudges him to be incompetent to manage his person or his property, the partner's executor, administrator, conservator, or other legal representative may exercise all the partner's rights for the purpose of settling his estate or administering his property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, trust, or other entity and is dissolved or termi nated, the powers of that partner may be exercised by its legal representative or succes sor.
(b) The estate of a deceased partner or the successor of a partner that is a dissolved or terminated corporation, trust, or other entity shall be liable for all of the partner's liabilities as a partner.
ARTICLE 8
14-9-801. A limited partnership is dissolved and its affairs must be wound up upon the first of the following to occur:
(1) Events specified in writing in the partnership agreement; (2) Written consent of all partners; (3) An event of withdrawal of a general partner unless:
(A) There remains at least one other general partner and the written provisions of the partnership agreement permit the business of the limited partnership to be carried on by the remaining general partner or general partners alone or together with new general partners, and that partner or those general partners do so; or
(B) Within 90 days after the partnership receives notice of withdrawal pursuant to subsection (c) of Code Section 14-9-602 all partners agree in writing to continue the business of the limited partnership and, if there is no remaining general partner, to the appointment, effective as of the date of withdrawal, of one or more new gen eral partners; or (4) Entry of a decree of judicial dissolution under Code Section 14-9-802. 14-9-802. On application by or for a partner, the court may decree dissolution of a limited partnership whenever: (1) It is not reasonably practicable to carry on the business in conformity with the partnership agreement; or (2) A general partner has been guilty of such misconduct as tends to affect prejudicially the carrying on of the business. 14-9-803. (a) After dissolution, except as provided in the partnership agreement, the general partners who have not withdrawn or, if none, the limited partners may wind up the limited partnership's affairs; but if one or more of such general partners have engaged in wrongful conduct, or upon other cause shown, the court may wind up the limited partnership's affairs upon application of a partner, his legal representative, or assignee. (b) Unless otherwise provided in writing in the partnership agreement, the persons winding up the limited partnership's affairs may, in the name of, and for and on behalf of, the limited partnership: (1) Prosecute and defend suits, whether civil, criminal, or administrative; (2) Settle and close the limited partnership's business; (3) Dispose of and convey the limited partnership's property for cash; (4) Discharge the limited partnership's liabilities; and (5) Distribute to the partners any remaining assets of the limited partnership.

TUESDAY, JANUARY 26, 1988

227

14-9-804. Upon the winding up of a limited partnership, the assets must be distrib uted as follows:
(1) To creditors, including partners who are creditors, to the extent permitted by law, in satisfaction of liabilities of the limited partnership other than liabilities for distributions to partners under Code Section 14-9-601 or 14-9-604;
(2) Except as provided in the partnership agreement, to partners and former part ners in satisfaction of liabilities for distributions under Code Section 14-9-601 or 14-9-604; and
(3) Except as provided in the partnership agreement, to partners first for the return of their contributions and second, respecting their partnership interests, in the proportions in which the partners share in distributions.
ARTICLE 9
14-9-901. Subject to the Constitution of this state: (1) The laws of the state under which a foreign limited partnership is organized
govern its organization and internal affairs and the liability of its limited partners regardless of whether the foreign limited partnership procured or should have pro cured a certificate of authority under this chapter; and
(2) A foreign limited partnership may not be denied a certificate of authority by reason of any difference between those laws and the laws of this state. 14-9-902. (a) A foreign limited partnership transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to pro cure a certificate of authority to transact business in this state, a foreign limited part nership shall submit to the Secretary of State an application for a certificate of authority as a foreign limited partnership, signed and sworn to by a general partner setting forth:
(1) The name of the foreign limited partnership and, if different, the name under which it proposes to qualify and transact business in this state;
(2) The state and date of its formation; (3) The name and address of any qualified agent for service of process on the for eign limited partnership as required to be maintained by Code Section 14-9-902.1; (4) A statement that the Secretary of State is, pursuant to subsection (i) of Code Section 14-9-902.1, appointed the agent of the foreign limited partnership for service of process if no agent has been appointed under subsection (a) of Code Section 14-9-902.1 or, if appointed, the agent's authority has been revoked or the agent cannot be found by the exercise of reasonable diligence or served; (5) The address of the office required to be maintained in the state of its organiza tion by the laws of that state or, if not so required, of the principal office of the for eign limited partnership;
(6) The name and business address of each general partner; and (7) The address of the office, if any, at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership's registration in this state is canceled or withdrawn, (b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited partnership shall not be considered to be transacting busi ness in this state, for the purpose of qualification under this chapter, solely by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or administrative or arbitration proceed ing or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its partners or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodial or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of its partnership interests, or appointing and maintaining trustees or depositaries with relation to its partnership interests;

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(5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance outside this state before becoming binding contracts and where such contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or colltcting debts or enforcing any rights in property securing the same; (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling a subsidiary corporation incorporated in or transacting business within this state; (11) Owning or controlling a general or limited partnership organized or transacting business within this state; (12) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (13) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state. (c) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited partnership to taxation or to service of process under any of the laws of this state. 14-9-902.1. (a) Each foreign limited partnership that is required to obtain a certif icate of authority to do business in this state shall continuously maintain in this state an agent for service of process on the foreign limited partnership. (b) An agent for service of process must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. (c) A foreign limited partnership may change its registered office or its registered agent or agents, or both, by executing and filing in the office of the Secretary of State a statement setting forth: (1) The name of the foreign limited partnership; (2) The address of its then registered office; (3) If the address of its registered office is to be changed, the new address of the registered office;
(4) The name or names of its then registered agent or agents;
(5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents; and
(6) That the address of its registered office and the address of the business office of its resident agent or agents, as changed, will be identical.
(d) If the Secretary of State finds that such statement conforms to subsection (a) of this Code section, he shall file such statement in his office; and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective.
(e) Any registered agent of a foreign limited partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary, or treasurer of the corporation for which such agent is acting. Upon such resignation becoming effective, the address of the business office of the resigned registered agent shall no longer be the address of the registered office of the limited partnership.
(f) A registered agent may change his or its business address and the address of the registered office of any foreign limited partnership of which he or it is registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite

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229

that a copy of the statement has been mailed or delivered to a representative or agent of each such limited partnership other than the notifying registered agent.
(g) The registered agent of one or more foreign limited partnerships may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that he or it resigns and the name and address of the successor registered agent. There shall be attached to such certificate a statement executed by each affected foreign limited partnership ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such foreign limited partnerships as have ratified and approved such substitution and the successor registered agent's address, as stated in such statement, shall become the address of each such limited partnership's registered office in this state. The Secretary of State shall fur nish to the successor registered agent a certified copy of the statement of resignation.
(h) All general partners of, and the registered agent of a foreign limited partnership authorized in this state, are agents of the foreign limited partnership on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited partnership.
(i) Whenever a foreign limited partnership required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or with any persons designated by the Secretary of State to receive such service duplicate copies of such process, notice, or demand. The plaintiff or his attorney shall certify in writing to the Secretary of State that the foreign limited partnership has failed either to maintain a registered office or appoint a registered agent in this state and that he has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State and that service cannot be effected at such office.
(j) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto.
14-9-903. (a) If the Secretary of State finds that an application for certificate of authority conforms to law and all requisite fees and any penalty due pursuant to Code Section 14-9-907 have been paid, he shall:
(1) Stamp or otherwise endorse his official title and the date and time of receipt on the application;
(2) File in his office a copy of the application; and
(3) Issue a certificate of authority to transact business in this state.
(b) The certificate of authority must be returned to the person who filed the applica tion or his representative.
(c) If the certificate of authority is issued by the Secretary of State, a foreign limited partnership shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority.
14-9-904. (a) A foreign limited partnership may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its state of organization, that could be registered by a domestic limited partnership.
(b) Except as provided in subsection (c) of this Code section, whenever a foreign limited partnership is unable to obtain a certificate of authority to transact business in this state because its name does not comply with any part of Code Section 14-9-102, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such application a word, abbreviation, or other distinctive and distinguishing element such as the name of the state where it is organized. If in the judgment of the Secretary of State the name of the limited partnership with such addi tion would comply with Code Section 14-9-102, said Code section shall not be a bar to the issuance to such limited partnership of a certificate of authority to transact business

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in this state. In such case, any such certificate issued to such foreign limited partnership shall he issued in its name with such additions, and the limited partnership shall use such name with such additions in all its dealings with the Secretary of State and in the conduct of its affairs in this state.
(c) Whenever the name of a foreign limited partnership that was organized prior to July 1, 1988, and that on such date is transacting business in this state does not comply with any part of Code Section 14-9-102, such foreign limited partnership may nonethe less apply for authority to transact business in this state and Code Section 14-9-102 shall not be a bar to the issuance to such limited partnership of a certificate of authority to transact business in this state; provided, however, in any such case such foreign limited partnership shall be distinguished on the records of the Secretary of State by the Secretary of State's adding to the name of such foreign limited partnership on its records in parentheses the name of the state in which it was organized and, if necessary to distinguish multiple partnerships having such characteristics and making such appli cation that were organized in the same state, by adding a numerical distinction to the state name. Such addition of a state name and numerical distinction to the name of a foreign limited partnership by the Secretary of State shall be solely for the purpose of distinguishing limited partnerships on the files of the Secretary of State, shall not con stitute a change in the name of the foreign limited partnership, and shall have no effect whatsoever on the authority of the foreign limited partnership to use its name.
14-9-905. A foreign limited partnership authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes its name or its state of organization. The requirements of Code Sections 14-9-902 and 14-9-903 for obtaining an original certificate of authority shall apply to obtaining an amended certificate under this Code section.
14-9-906. A foreign limited partnership may cancel its certificate of authority by filing with the Secretary of State a certificate of cancellation signed by a general part ner.
14-9-907. (a) A foreign limited partnership transacting business in this state may not maintain an action, suit, or proceeding in a court of this state until it has obtained a certificate of authority.
(b) The failure of a foreign limited partnership to obtain a certificate of authority does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit, or proceeding in any court of this state.
(c) A foreign limited partnership that transacts business in this state without regis tering as required by this article shall be liable to the state:
(1) For all fees which would have been imposed by this article upon such foreign limited partnership had it registered as required by this article; and
(2) If it has not registered within 30 days after the first day on which it transacts business in this state, for a penalty of $500.00 for each year or part thereof during which it so transacts business. 14-9-908. The attorney general may maintain an action to restrain a foreign limited partnership from transacting business in this state in violation of this chapter.
ARTICLE 10
14-9-1001. A limited partner may maintain an action in the right of a limited part nership to recover a judgment in its favor if general partners with authority to do so have refused to bring the action or an effort to cause those general partners to bring the action is not likely to succeed. The foregoing authority to bring an action in the right of a limited partnership shall not limit any right a limited partner might have under the partnership agreement or otherwise.
14-9-1002. Except to the extent provided by the partnership agreement, in a deriva tive action, the plaintiff must be a partner at the time of bringing the action and:
(1) Must have been a partner at the time of the transaction of which he complains; or

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231

(2) His status as a partner must have devolved upon him by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction. 14-9-1003. In a derivative action, the complaint must set forth with particularity the effort of the plaintiff to secure commencement of the action by a general partner or the reasons for not making the effort. 14-9-1004. If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reason able attorneys' fees, and shall direct him to remit to the limited partnership the remain der of those proceeds received by him.
ARTICLE 11
14-9-1101. The Secretary of State shall charge and collect for: (1) Filing a certificate of limited partnership .....................................................$ 40.00
(2) Filing a registration of a foreign limited partnership.................................. 150.00
(3) Filing an annual registration or a change of registered agent or registered office of a limited partnership................................................... 10.00
(4) Filing a certificate of cancellation of a limited partnership....................... 20.00
(5) Filing any other document required or permitted pursuant to this chapter..................................................................................................... 20.00
14-9-1102. The Secretary of State shall have the power and authority reasonably necessary to enable him to administer this chapter efficiently and to perform the duties therein imposed upon him, including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for those purposes.
14-9-1103. The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, which are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are admin istered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
14-9-1104. The Secretary of State's duty to file documents under this chapter is ministerial. His filing or refusing to file a document does not:
(1) Affect the validity or invalidity of the document in whole or part; (2) Relate to the correctness or incorrectness of information contained in the docu ment; or (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
ARTICLE 12
14-9-1201. (a) This chapter governs all domestic limited partnerships formed on or after July 1, 1988, and all foreign limited partnerships transacting business in this state on or after July 1, 1988.
(b) A domestic limited partnership formed before July 1, 1988, may voluntarily elect, in accordance with any provision in its partnership agreement permitting it to do so or by complying with the procedures provided in its partnership agreement for amending the partnership agreement, to adopt the provisions of this chapter and thereafter may become subject to its provisions as of July 1, 1988, by filing with the Secretary of State at any time after April 15, 1988, a certificate of limited partnership that complies with this chapter or a certificate of amendment that would cause its certificate of limited partnership to comply with this chapter and that, in each case, specifically states that the limited partnership is electing to adopt the provisions of this chapter. Upon the later of July 1, 1988, or the filing of a document complying with the immediately preceding sentence, all provisions of this chapter shall thereafter apply to the limited partnership.

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(c) A domestic limited partnership formed before July 1, 1988, that does not adopt the provisions of this chapter pursuant to subsection (b) of this Code section shall con tinue to be governed by Article 1 or Article 2 of Chapter 9A of this title, as applicable.
14-9-1202. (a) This chapter shall not apply to limited partnerships existing before July 1, 1988, except as provided in Code Section 14-9-1201.
(b) This chapter shall not be construed so as to impair, or otherwise affect, the orga nization or the continued existence of a limited partnership existing before July 1, 1988. This chapter shall not be construed so as to impair any contract or to affect any action or proceedings begun or right accrued before July 1, 1988.
14-9-1203. (a) The intent of this Code section is to ensure an orderly transition to a centralized filing system for limited partnerships and to give existing limited partner ships an opportunity to establish name availability and other files with the Secretary of State to permit an orderly implementation of this chapter.
(b) In order to preserve the availability of its name, a domestic limited partnership or a foreign limited partnership existing prior to July 1, 1988, may file with the Secre tary of State a nonrenewable one-year name reservation after April 15, 1988 and before July 1, 1988. Any of such limited partnerships which do not so file shall be subject to the name restrictions of Code Section 14-9A-102.
14-9-1204. The provisions of Chapter 8 of this title, known as the 'Uniform Partner ship Act,' shall govern in any case not provided for in this chapter."
Section 2. Said title is further amended by adding, following Code Section 14-9A-2, as redesignated by Section 1 of this Act, a new Code Section 14-9A-2.1 to read as follows:
"14-9A-2.1. This article is applicable only to limited partnerships to which Chapter 9 of this title or Article 2 of this chapter does not apply as provided by Code Section 14-9-1201 or 14-9A-110."
Section 3. Said title is further amended by striking subsection (a) of Code Section 14-9A-110, relating to applicability of Article 2 of Chapter 9A of this title, as redesignated by Section 1 of this Act, and inserting in lieu thereof a new subsection (a) to read as fol lows:
"(a) This article is applicable only to limited partnerships which were in existence on February 15, 1952, and which have not become limited partnerships subject to Article 1 of this chapter or Chapter 9 of this title."
Section 4. This Act shall become effective on April 15, 1988.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Bishop Y Bostick Y Branch
Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambles Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Y Dixon 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 Banner Y Harris
Y Hasty 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 Y Lane,R
Y Langford Y Lawler
Y Lawrence Y Lawson YLee

TUESDAY, JANUARY 26, 1988

233

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

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M 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 Y Ramsey.V
Y Randall Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson 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
Y Srnyre YSnow
Stancil Y Stanley Y Steinberg
Y Stephens Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplett

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

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Ranisey of the 3rd 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 1285.

By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

The following Committee substitute was read and adopted:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circum stances; to provide a short title; to define certain terms; to provide for which officer shall be in command of certain other officers and employees in a local emergency; to provide for the powers, duties, rights, privileges, compensation, and immunities of public safety employees when rendering aid outside of their political subdivisions; to provide for the cost of equipment damaged or lost; to provide for immunity from liability with respect to the acts or omissions of certain employees; to provide that certain provisions of this Act shall not be construed as creating a duty on the part of a public safety agency to take certain actions; to provide for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 68 a new Chapter 69 to read as follows:
"CHAPTER 69
36-69-1. This chapter shall be known and may be cited as the 'Georgia Mutual Aid Act.'

234

JOURNAL OF THE HOUSE,

36-69-2. As used in this chapter, the term: (1) 'Local coordinating entity' means the public or nonprofit private entity desig
nated by the Board of Human Resources or its designee to administer and coordinate the Emergency Medical Systems Communications Program in a health district estab lished in accord with Code Section 31-3-15.
(2) 'Local emergency' means the existence of conditions of extreme peril to the safety of persons and property within the territorial limits of a political subdivision of the state caused by natural disasters, riots, civil disturbances, or other situations presenting major law enforcement and other public safety problems, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision of the state and which require the combined forces of other political subdivisions of the state to combat. 36-69-3. (a) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the appre hension or arrest of any person who violates a criminal law of this state, or in any crim inal case, the chief of police of any municipality or chief of police of any county police force may, with the approval of the governing authority of any such officer's political subdivision, and the sheriff of any county may cooperate with and render assistance extraterritorially to such local law enforcement agency requesting the same.
(b) Upon the request of any local fire department for assistance in a local emergency, in preventing or suppressing a fire, or in protecting life and property, the fire chief of any local political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritorially to such local fire department requesting the same.
(c) Upon the request of any local law enforcement agency or local coordinating entity for assistance in a local emergency or in transporting wounded, injured, or sick persons to a place where medical or hospital care is furnished, emergency medical technicians employed by a political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritorially to such local law enforcement agency or local coordinating entity.
(d) Authorization for furnishing assistance extraterritorially may be granted by the sheriff of any county or the governing authority of a local political subdivision to any of its agencies or employees covered by this Code section prior to any occurrence result ing in the need for such assistance. Such authorization may provide limitations and restrictions on such assistance furnished extraterritorially, provided that such limitations and restrictions do not conflict with the provisions of Code Sections 36-69-4 through 36-69-6.
(e) The senior officer of the public safety agency of a political subdivision which requests assistance in a local emergency as provided in this Code section shall be in command of the local emergency as to strategy, tactics, and overall direction of the oper ations with respect to the public safety officers and employees rendering assistance extraterritorially at the request of such public safety agency. All orders or directions regarding the operations of the public safety officers and employees rendering assistance extraterritorially shall be relayed to the senior officer in command of the public safety agency rendering assistance extraterritorially.
36-69-4. Whenever the employees of any political subdivision are rendering aid out side their political subdivision and pursuant to the authority contained in this chapter, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are nor mally employed.
36-69-5. Unless otherwise provided by contract, the political subdivision which fur nishes any equipment pursuant to this chapter shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. Unless otherwise provided by contract, the political subdivision furnishing aid pursuant to this chapter shall compensate its employees during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any

TUESDAY, JANUARY 26, 1988

235

amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid.
36-69-6. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers' compen sation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such political subdivision when performing their respective functions within the territorial limits of their respective political subdivisions shall apply to such officers, agents, or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter relating to mutual aid. The provisions of this Code section shall apply with equal effect to paid, volunteer, and auxiliary employees.
36-69-7. Neither a public safety agency which requests assistance pursuant to Code Section 36-69-3 nor the political subdivision in which the public safety agency is located shall be liable for any acts or omissions of employees of a responding public safety agency rendering assistance extraterritorially under the provisions of this chapter.
36-69-8. (a) The provisions of this chapter shall not be construed as creating a duty on the part of any public safety agency of a local political subdivision to respond to a request from any public safety agency of another local political subdivision as authorized in Code Section 36-69-3.
(b) Notwithstanding the provisions of subsection (e) of Code Section 36-69-3, the provisions of this chapter shall not be construed as creating a duty on the part of a public safety agency rendering assistance extraterritorially to stay at the scene of a local emergency for any length of time. Such responding public safety agency may depart the scene of a local emergency at any time at the discretion of the officer in command of the public safety agency rendering assistance extraterritorially at the scene of the local emergency.
36-69-9. (a) The authority of this chapter shall be cumulative to and in addition to mutual aid resource pacts authorized under Chapter 6 of Title 25 or contracts between political subdivisions for the provision of services authorized under Section II of Article IX of the Constitution.
(b) The authority of this chapter shall be cumulative to and in addition to any rights, powers, or authority exercised by the sheriffs of this state as of July 1, 1988.
36-69-10. The provisions of this chapter shall not apply to any emergency in which the chief executive of a political subdivision assigns or makes available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineer ing, rescue, health, medical and related services, and to police, transportation, construc tion, and similar items or services for emergency management purposes outside of the physical limits of the subdivision as provided in Code Section 38-3-27."
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
Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M

YBeck
Benefield Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter

Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford

Crosby Y Cummings,B Y Cummings.M 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 Y Green Y Greene YGreer Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty Y Heard Y Hensley

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Y Herbert 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 Lindet YLong

YLord Lucas
Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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 Y Robinson Y Royal
Selman Y Shepard
Y Sherrod Y Simpson Y Sinkfield
Sizemore Y Smith.L
Smith.P Y 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 Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by sub>: stitute.

HB 1302.

By Representatives Robinson of the 96th, Pannell of the 122nd, Chambless of the 133rd, Pettit of the 19th and Thomas of the 69th:
A bill to amend Chapter 7 of Title 14 of the Official Code of Georgia Anno tated, relating to professional corporations, so as to provide that a share holder of a professional corporation must be an active practitioner in the corporation which issued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Y Brown
YBuck
Y Buford YByrd Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman N Colwell
Connell Y Couch YCox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
Y Davis.G Y Davis.M Y Dixon N 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 Y Heard Y Hensley
Herbert
Y Holcomb Y Holmes
Y Hooks Y Hudson Y 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
Lawler Y Lawrence
Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M 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 Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman

TUESDAY, JANUARY 26, 1988

237

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
Stephens Y Thomas.C

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

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

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

On the passage of the Bill, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1193. By Representatives Lane of the 27th, Selman of the 32nd, Adams of the 36th, Couch of the 40th, McKinney of the 35th and others:
A bill to amend Code Section 50-8-84 of the Official Code of Georgia Anno tated, relating to the composition of metropolitan area planning and develop ment commissions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to provide for an additional member of such an area planning and development commission.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions for metropol itan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to make certain technical corrections; to change the provisions relating to the membership of a commission; to pro vide when an additional member of a commission shall first take office and for effective dates in connection therewith; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to metropolitan area planning and development commissions for metropol itan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, is amended by striking para graphs (7) and (10) of Code Section 50-8-80, relating to definitions, in their entirety and substituting in lieu thereof new paragraphs (7) and (10), respectively, to read as follows:
"(7) 'Members at large' means those members of a commission elected pursuant to paragraph {&} |6) of subsection (a) of Code Section 50-8-84.
(10) 'Public members' means those members of a commission holding office pursuant to paragraphs (1) through {4} (5) of subsection (a) of Code Section 50-8-84."
Section 2. Said article is further amended by striking paragraphs (4) and (6) of sub section (a) of Code Section 50-8-84, relating to the membership of a commission, in their entirety and substituting in lieu thereof new paragraphs (4) and (6), respectively, to read as follows:
"(4) From the most populous county within the area, the mayor of a municipality located within the northern half of such county elected by majority vote of the mayors of all municipalities located within the northern half of such county or and the mayor of a municipality located within the southern half of such county elected by a majority vote of the mayors of all municipalities located within the southern half of such county;
(6) That number ef persons, Fifteen at-large members not holding elective or appointed public office ef and not employed by any of the political subdivisions of the

238

JOURNAL OF THE HOUSE,

3, WtllCil 9ntli "BC O1WJ 16S9 tnftTl thC t/Otftl WlllttDCr I pUDllC lliilWDCFS dC91OfltCQ Dy
paragraphs (!) through {&) ef this subsection, who shall be elected as follows: (A) Within ten days after a commission has been activated pursuant to Code
Section 50-8-82 and within 90 days after the publication of a subsequent United States decennial census, the members of the General Assembly whose representative or senatorial districts lie wholly or partially within an area shall meet upon call by the Speaker of the House of Representatives and the President of the Senate and shall divide the area into the same number of 15 districts as the number ef members at large te be elected pursuant te this paragraph. Each district shall contain approxi mately the same population; shall consist of combinations of contiguous census tracts from the latest available United States decennial census; but may cross the boundary lines of political subdivisions; and
(B) Within ten days after the area has been so divided into districts, the public members of a commission shall meet upon call of the chairman of the county commis sion of the most populous county within its area and elect one resident of each district as a member of the commission."
Section 3. Said article is further amended by striking subsection (c) of Code Section 50-8-84, relating to the membership of a commission, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Within 90 days after any area, county, or municipality is added to or removed from the jurisdiction of an existing commission under the provisions of paragraph (1) of Code Section 50-8-80 or subsection (b) of this Code section, the resulting area shall be redistricted and the 15 members at large shall be elected in accordance with para graph {&> ^61 of subsection (a) of this Code section relative to redistricting after a United States decennial census."
Section 4. The first additional member of a metropolitan area planning and develop ment commission resulting from paragraph (4) of subsection (a) of Code Section 50-8-84, as quoted in Section 2 of this Act, shall be elected by the appropriate mayors of munici palities to take office on July 1, 1988, and this Act shall be effective upon its approval by the Governor or upon its otherwise becoming law for the purpose of providing authority for such mayors to hold the election for such additional member prior to July 1, 1988. This Act shall be effective for all purposes on July 1, 1988.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

Y Branch Y Brooks Y Brown
Y Buck Y Buford Y Byrd
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert
Y Coleman Colwell Connell
Y Couch

Y Cox Y Crawford Y Crosby
Cummings.B Y Cummings.M Y Davis,G
Y Davis.M Y Dixon N Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd N Foster Y Galer
Godbee Y Goodwin Y Green Y Greene

Y Greer Y Gresham N Griffin
Y Groover Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard N Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y 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
Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum
Y Martin N McCoy
McDonald Y McKelvey

TUESDAY, JANUARY 26, 1988

239

McKinney
N Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller N Oliver.C
Y Oliver.M
Orrock Y Padgett
Pannell

Y Parham Y Parrish
N 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 Y Royal Y Selman
Y Shepard
Y Sherrod
Y Simpson Sinkfield
Y Sizemore Y 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 N Thompson Y Thurmond Y Tolbert Y Townsend
Triplet! Twiggs Y Waddle

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

On the passage of the Bill, by substitute, the ayes were 140, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1237. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-8 of the Official Code of Georgia Anno tated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relat ing to educational requirements.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Bargeion Y Barnett.B
Y Barnett.M YBeck
Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell
Y Carter Chambless Chance
Y Cheeks Y Childers
Clark.B Y Clark,H Y Clark.L Y Colbert

Y Coleman
Colwell Connell Y Couch YCox
Y Crawford
Y Crosby Y Cummings,B Y Cummings,M 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 Manner Y Harris Y Hasty 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 YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M
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 YRay
Reaves Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 155, nays 0.

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
Y Thomas.C
Y Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend
Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

240

JOURNAL OF THE HOUSE,

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

HB 24. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Council, so as to provide for membership of district attorneys' investigators in the Employees' Retirement System of Georgia.

The following Committee substitute was read and adopted:

A BILL
To amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Coun cil, so as to provide for membership of district attorneys' investigators in the Employees' Retirement System of Georgia; to provide a definition; to provide for a commencement date; to provide for exceptions; to provide for withholding and contributions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Coun cil, is amended by adding at the end of said part a new Code section, to be designated Code Section 47-2-265, to read as follows:
"47-2-265. (a) As used in this Code section, the term 'district attorney investigator' means a district attorney investigator who is compensated from state funds pursuant to Code Section 15-18-14.1.
(b) Effective on July 1, 1988, or on first becoming a district attorney investigator at any time after that date, each district attorney investigator shall become a member of the Employees' Retirement System of Georgia as a condition of employment, unless such investigator was, immediately prior to appointment as a district attorney investigator, a member of another publicly supported retirement or pension system or fund which pro vides retirement benefits based wholly or partially on compensation paid from state funds. A district attorney investigator who was employed as an investigator in a district attorney's office prior to appointment as a district attorney investigator and who was a member of any such other publicly supported retirement or pension system or fund immediately prior to such appointment may elect to become a member of the Employees' Retirement System of Georgia in lieu of membership in such other publicly supported retirement or pension system or fund by notifying the board of trustees of such election within 90 days after becoming employed pursuant to Code Section 15-18-14.1. Any such district attorney investigator who fails to notify the board of trustees within such time shall not at any time thereafter become eligible for member ship in the Employees' Retirement System of Georgia during such service as a district attorney investigator.
(c) Any person who becomes a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except that any member of the retirement system who, without any break in service, is appointed as a district attorney investigator shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service.

TUESDAY, JANUARY 26, 1988

241

(d) The state salaries paid to district attorney investigators who become members of the retirement system pursuant to this Code section shall be the basis for employee and employer contributions to the retirement system for such members. All employer con tributions, including employee contributions made by the employer on behalf of mem bers, which are required by this chapter for such members shall be paid from funds appropriated or otherwise made available for the operation of the superior courts. The Department of Administrative Services shall deduct from the state salaries payable to such members the additional employee contributions required by this chapter."
Section 2. This Act shall become effective on July 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 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
Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford
Crosby Y Cummings.B Y Cummings,M
Y Davis.G N Davis,M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
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 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
Lawler Y Lawrence
Y Lawson YLee Y Linder
YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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 Redding Richardson
Y Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
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 Tolbert
Townsend Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
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.

HB 1325.

By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in certain counties sessions of superior court may under certain condi tions be held outside the county site in facilities of the state court.

242

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

Y Coleman Y Colwell
Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings.M
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 Y Gresham Y Griffin
Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty 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 YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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 Reaves Redding
Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Smith.P 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 Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

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

HB 278. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Anno tated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service.

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 Y Balkcom

Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Benefield Y Benn
Birdsong Y Bishop Y Bostick

Y Branch Y Brooks Y Brown Y Buck Y Buford YByrd Y Carrell Y Carter Y Chamblei Y Chance

Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L
Colbert Y Coleman Y Colwell
Connell Y Couch

YCox
Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover

TUESDAY, JANUARY 26, 1988

243

Dunn Y Edwards Y Felton Y Floyd Y Poster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Hasty 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
Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows

Y Milam Y Milford
Y Mobley Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y Orrock
Y Padgett 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
YRay Reaves
Y Redding Y Richardson Y Ricketson 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 YSmyre
YSnow Y Stancil
Y Stanley Y Steinberg

Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert
N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder
Y Williams,B Y Williams,J Y Wilson Y Wood Y Workman
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 157, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 356. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum benefits payable to persons eligible or who become eligible to receive benefits under such pension fund.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum benefits pay able to persons eligible or who become eligible to receive benefits under such pension fund; to change other provisions relating to benefits payable under such pension fund; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, is amended by striking in its entirety Code Section 47-7-100, relating to eligibility for full pension benefits under the Georgia Firemen's Pension Fund, and inserting in lieu thereof a new Code Section 47-7-100 to read as follows:
"47-7-100. (a) For the purposes of this Code section, the term: (1) 'Selected beneficiary' means any person designated by the member to receive
benefits which continue to be payable upon the death of the member. (2) 'Spouse' means the husband or wife to whom the member is validly married
under the laws of this state.

244

JOURNAL OF THE HOUSE,

(b) Any eligible member who has served 25 years as a fireman or volunteer fireman, upon application to and approval by the board, shall be retired eft a monthly pension ef $340.00, payable tot his lifetime have a vested right in an amount equal to the maxi mum monthly retirement benefit in effect on the date of his retirement. Any eligible member who terminates employment as a fireman or volunteer fireman after 25 years of service, but before reaching the age of 55 years, may cease payment of his monthly dues and, upon reaching the age of 55 years and being otherwise eligible, shall be paid a pension ef $840.00 per month a monthly benefit equal to the maximum monthly retirement benefit in effect on the date of his retirement. No person shall be eligible for a pension under this subsection until his official duties as a fireman or volunteer firenid.n iiflve beriflindted. Wo person TeceiviR pension Deneiits under ftny previous rireiflcn s rension i* und Act stiflil ise eligible tor tne retirement benefits provided Ht this subjection.
(c) Any eligible member who terminates employment as a fireman or volunteer fire man after at least 20 years of service shall have a vested right in and to a monthly bene fit payable for his lifetime equal to a pro rata share of the maximum monthly benefits retirement benefit provided in subsection (b) of this Code section in effect on the date of his retirement, which share shall be determined by the ratio of years served, being not less than 20 nor more than 25, to the full 25 year service retirement. Such benefits shall become payable when the member reaches 55 years of age or when he terminates employment as a fireman or volunteer fireman, whichever is later.
(d) At any time six months or more prior to his termination of employment as a fire man or volunteer fireman, a member may elect or may revoke a previous election and make a new election to have monthly benefits payable under one of the options set forth in this subsection, in lieu of the benefits payable under subsection (b) or (c) of this Code section. The benefits shall be paid in accordance with the terms of the option elected. Election of any option shall be made by the member on forms provided by the board and shall be subject to approval by the board, which approval shall not be unreasonably withheld. No optional election is available for payment of disability benefits.
(1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and his spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 per cent, 75 percent, 66 % percent, or 50 percent of the member's benefits. Any member who has completed 20 years of creditable service may elect that, in the event of his death prior to receiving any retirement benefits hereunder, his spouse shall receive decreased retirement benefits in the amount elected by the member, which amount shall be 100 percent, 75 percent, 66 % percent, or 50 percent of the benefits to which the member would have been entitled based upon his creditable service as of the time of his death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any retirement benefits hereunder shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's death, the member had elected such benefits in the form and manner prescribed by the board and had filed such election with the board.
(2) Option B, the ten years' certain and life option, shall consist of a decreased retirement benefit payable to the member during his lifetime; and, in the event of his death within ten years after his retirement, the same monthly benefits shall be pay able to his selected beneficiary for the balance of such ten-year period.
The amount of any optional retirement benefit set forth in this subsection shall be the actuarial equivalent of the amount of the benefit that would otherwise be payable to the member under subsection (b) or (c) of this Code section, based upon the interest rate and mortality basis approved from time to time by the board, the age of the member, and, if applicable, the age of his spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member had retired after first becom ing eligible for full benefits, whichever is earlier.
i&j--Any person who before March 9^ 1970, ttaa been retired and wfts receiving "& pen*

TUESDAY, JANUARY 26, 1988

245

ef his monthly pension benefit otherwise payable, in accordance wrth the law applicable to ins retirement, tor periods oegHMIing April T; lyoxj out trie totsi monthly pension Denctit pfiyftDie to tiny sucn person sriQii not- Hft flny csse exceed ine Amount fte would

y^ j.y i u, witn the same service credits snd at the SSHIC 8fe ~as fte neiQ on the date ot his actual retirement.
ff\ TTlffpf ti vr Till.. i_ If)flit thp rnontHlv hpnpfitq ntwflhlp tinHpf f-hjq {"V^H** apr-frJAn tA
persons theretofore retired er thereafter retiring shall be increased $36.00 pet month. {} (e) Any eligible member who retires after July 1, 1984, shall be entitled to an
increase in the maximum monthly retirement benefit otherwise payable te the member in effect at the time of his retirement under this Code section equal to 1 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a fireman or volunteer fireman in excess of 25 years of creditable service.
{h} (f) Any eligible member who would be entitled to the commencement of retire ment benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect to retire after reaching the age of 50 but before reaching the age of 55 and immedi ately commence the drawing of retirement benefits and in that event the member shall be eligible immediately upon retirement for a reduced monthly pension benefit in an amount determined by multiplying the benefit for which the member would have been otherwise entitled under subsections (b), (c), and {g} {e| of this Code section had the member delayed retirement or the commencement of benefits until the member reached age 55, such benefit to be determined as of the date of the member's actual retirement or first receipt of the monthly retirement benefit, by the factor set forth below:

If the Member's Age At Retirement (determined by the member's age at the member's immediately preceding birthday) Is:

The Early Retirement Factor Is:

50

.70

51

.76

52

.82

53

.88

54

.94

(g) Effective July 1^ 1988, the maximum monthly retirement benefit for any person who retires on or after that date shall be $500.00.
(h) Effective July 1^ 1988, the maximum monthly retirement benefit which was pay able under this Code section immediately prior to that date shall be increased in the amount of $85.00 per month, and the monthly retirement benefit of each person who retired under this chapter prior to that date or the monthly benefit of any surviving spouse or selected beneficiary who was receiving a benefit prior to that date shall be increased by a percentage of $85.00 which is equal to the percentage that the retired person's, surviving spouse's, or selected beneficiary's monthly benefit payable immedi ately prior to July 1^ 1988, bore to the maximum monthly benefit payable under this Code section immediately prior to July 1^ 1988."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
Y Adams.G Y Adams.M

Y Aiken
Y Alford Y Alien

Athon
Y Atkins Y Bailey

Y Balkcom
Y Bannister Y Bargeron

Y Barnett.B
Y Barnett.M Y Beck

246

JOURNAL OF THE HOUSE,

Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown Y Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Clark.B Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings3
Y Cummings.M 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
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Y Banner Y Harris Y Hasty Y 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
Langford Lawler Y Lawrence
Y Lawson YLee Y Under
YLong YLord Y Lucas
Y Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore
Y Morton Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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 Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson 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
Y Smyre YSnow Y Stancil Y Stanley
Y Steinberg Stephens
Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert N Townsend
Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White
Y Wilder Y Williams,B Y WilliamsJ Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

Mr. Speaker:
The Senate adheres to its disagreement and has appointed a Committee of Conference to confer with a like Committee on the part of the House 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 President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 43rd and Hudgins of the 15th.

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.

WEDNESDAY, JANUARY 27, 1988

247

Representative Hall, Atlanta, Georgia Wednesday, January 27, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams,G Adams,M Aiken Alford Alien Athon Atkins Balkcom
Bannister
Bargeron Barnett.B Barnett,M Beck Benefield Benn Birdsong Bishop Bostick
Branch Brooks
Brown Buck
Buford Byrd
Carrell
Carter Chambless Chance Cheeks
Childers Clark.B Clark.H

Clark.L Colbert Coleman
Colwell Connell
Couch Cox Crawford
Crosby
Cummings.B Cummings.M Davis.G Davis.M Dover Dunn Edwards Felton
Floyd Foster Galer Godbee Good win Green Greene Greer Gresham Griffin Groover Hamilton Hanner Harris
Hasty

Heard Hensley Herbert
Holcomb Hooks Hudson
Isakson Jackson,J Jackson, W Jamieson Johnson.R Kilgore Kingston Lane.D Lane.R Langford Lawler
Lawrence Lawson
Lee Linder Long Lord
Lupton Mangum Martin
McCoy McKelvey Meadows Milam Milford Mobley

Moody Moore Morton
Mostiler Moultrie Mueller
Oliver.C Oliver.M Padgett Parham Parrish PatMm
Peters
Pettit Phillips
Pinks ton
Pittman
Porter Powell
Rainey Ramsey.T Ramsey.V Randall Ransom Ray Reaves Redding Richardson
Ricketson Royal Selman Shepard

Sherrod
Simpson Sinkfield Sizemore
Smith.L Smith.T Smith.W
Smyre Snow Stancil
Stanley
Steinberg Stephens Thomas.C Thompson Thurmond
Tolbert Townsend Twiggs
Waddle Waldrep Wall Ware
Watson Watts Williams.B Williams.J Wilson Wood Workman Yeargin Murphy ,Spkr

Prayer was offered by the Reverend William R. Lewis, Jr., Pastor, Temple United Methodist Church, Temple, 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.

Representative Ransom of the 90th served notice, pursuant to House Rule 58, that on January 28, 1988, immediately following the confirmation of the Journal, he would move that the Committee on Motor Vehicles be instructed to report back to the House with or without recommendation, the following Resolution of the House:

HR 80. By Representatives Ransom of the 90th, Foster of the 6th, Griffin of the 6th, Snow of the 1st, Godbee of the 110th and others:
A resolution encouraging the use of motor vehicle seat belts.

248

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1447. By Representative Aiken of the 21st:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Post-mortem Examination Act," so as to provide that under certain circumstances any peace officer summoned to assist in the investigation of a dead body found at a residence shall not wear a uniform or drive a marked law enforcement vehicle to such residence.
Referred to the Committee on Public Safety.

HB 1448. By Representative Aiken of the 21st:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Anno tated, relating to the offense of escape, so as to provide that any person who commits the offense of escape shall, upon conviction thereof, be guilty of a felony.
Referred to the Committee on Special Judiciary.

HB 1449. By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease con tract.
Referred to the Committee on Judiciary.

HB 1450. By Representatives Steinberg of the 46th, Chambless of the 133rd, Groover of the 99th, Ramsey of the 3rd and Buck of the 95th:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to change the provisions relating to family violence programs and family violence shelters; to provide for the licensing of such programs and shelters rather than the certification thereof.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, JANUARY 27, 1988

249

HB 1451. By Representatives Johnson of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and Holcomb of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund.
Referred to the Committee on Industry.

HB 1452. By Representative Randall of the 101st:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to repeal Code Section 16-6-18, relat ing to fornication.
Referred to the Committee on Special Judiciary.

HB 1453. By Representative Randall of the 101st:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to repeal Code Section 16-6-19, relat ing to adultery.
Referred to the Committee on Special Judiciary.

HB 1454. By Representative Randall of the 101st:
A bill to amend Code Section 43-3-38 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Accountancy, so as to continue that board but provide for the later termination of the board and the repeal of the laws relating thereto.
Referred to the Committee on Governmental Affairs.

HB 1455. By Representative Robinson of the 96th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Anno tated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reor ganized under the southern region interstate banking law.
Referred to the Committee on Ways & Means.

HB 1456. By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Administrative Procedure Act," so as to pro vide that in contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision.
Referred to the Committee on Health & Ecology.

HB 1457. By Representative Connell of the 87th:
A bill to amend an Act creating the State Court of Richmond County, so as to prohibit the solicitor of the state court from engaging in the private prac tice of law.
Referred to the Committee on State Planning & Community Affairs - Local.

250

JOURNAL OF THE HOUSE,

HB 1458. By Representatives Sherrod of the 143rd, Royal of the 144th, Moore of the 139th, Sizemore of the 136th and Balkcom of the 140th:
A bill to amend Code Section 44-14-361 of the Official Code of Georgia Annotated, relating to the creation of special liens on real estate in favor of mechanics, materialmen, and other persons, so as to specify certain circum stances under which a lien for labor, services, or materials which are fur nished upon public property, or upon private property to be dedicated to public use, may attach to abutting property.
Referred to the Committee on Judiciary.

HB 1459. By Representatives Bostick of the 138th, Branch of the 137th, Sizemore of the 136th, Hudson of the 117th and Carter of the 146th:
A bill to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit.
Referred to the Committee on Special Judiciary.

HB 1460. By Representatives Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act approved March 31, 1986, which Act amended Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, so as to regulate the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain spe cies.
Referred to the Committee on Game, Fish & Recreation.

HB 1461. By Representatives Triplett of the 128th, Pannell of the 122nd, Johnson of the 123rd, Hamilton of the 124th, Mueller of the 126th and others:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to prohibit the transportation of certain items into county and city jails in a clandestine manner.
Referred to the Committee on Special Judiciary.

HB 1462. By Representatives Triplett of the 128th, Mueller of the 126th, Hamilton of the 124th, Johnson of the 123rd and Alien of the 127th:
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, so as to provide for the issuance of special license plates commemorating the founding of Armstrong State College.
Referred to the Committee on Motor Vehicles.

HB 1463. By Representatives Sherrod of the 143rd, Royal of the 144th, Sizemore of the 136th, Balkcom of the 140th, Crosby of the 150th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prescribe certain limitations upon the authority of counties to levy fees, assessments, and taxes for the provision of fire protection services in special districts.
Referred to the Committee on Ways & Means.

WEDNESDAY, JANUARY 27, 1988

251

HB 1464. By Representatives Sherrod of the 143rd, Royal of the 144th, Barnett of the 10th, Moore of the 139th, Sizemore of the 136th 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 agricultural prop erty, so as to provide that a certain amount of property subject to a covenant of agricultural use may under certain circumstances be transferred to a rela tive of an owner of the property.
Referred to the Committee on Ways & Means.

HB 1465. By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation and appointment of county boards of equaliza tion, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.
Referred to the Committee on State Planning & Community Affairs.

HB 1466. By Representative Phillips of the 120th:
A bill to amend an Act incorporating the Town of Alston, so as to extend the corporate limits of the town.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1467. By Representative Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change provisions relating to the suspension of a driver's license for the fail ure to respond to a citation; to add to the list of offenses for which a proba tionary licensee may have the license revoked.
Referred to the Committee on Motor Vehicles.

HB 1468. By Representative Jackson of the 9th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate all-terrain vehicles on any public road.
Referred to the Committee on Motor Vehicles.

HB 1469. By Representative Jackson of the 9th:
A bill to amend Code Section 40-14-4 of the Official Code of Georgia Anno tated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices.
Referred to the Committee on Motor Vehicles.

252

JOURNAL OF THE HOUSE,

HB 1470. By Representative Jackson of the 9th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions and motor vehicles and traffic, so as to provide a definition for all-terrain vehicles; to exclude mopeds and all-terrain vehicles for the definition of motorcycles.
Referred to the Committee on Motor Vehicles.

HB 1471. By Representative Jackson of the 9th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to provide for the disposi tion of motor vehicles and parts which cannot be identified.
Referred to the Committee on Motor Vehicles.

HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st 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 strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.
Referred to the Committee on Ways & Means.

HB 1473. By Representatives Wilson of the 20th, Lee of the 72nd, Walker of the 115th, Kingston of the 125th, Thompson of the 20th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to computation of taxable net income of individuals for pur poses of Georgia income taxation, so as to increase the amount of retirement income excluded from taxable net income for certain elderly and disabled taxpayers.
Referred to the Committee on Ways & Means.

HB 1474. By Representative Hooks of the 116th:
A bill to create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independ ent school system of the City of Americus; to create the board of education for the Sumter County Public School System.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1475. By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to provide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers.
Referred to the Committee on Motor Vehicles.

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253

HB 1476. By Representatives Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Ransom of the 90th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide for state participation in the cost of funding certain county probation systems under certain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a popu lation of 250,000 or more shall become a part of the state-wide probation system on a certain date.
Referred to the Committee on State Institutions & Property.

HB 1477. By Representatives Walker of the 85th, Ransom of the 90th, Connell of the 87th and Padgett of the 86th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Richmond County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1478. By Representatives Walker of the 85th, Brown of the 88th, Ransom of the 90th, Connell of the 87th, Padgett of the 86th and others:
A bill to provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1479. By Representatives Oliver of the 53rd, Martin of the 26th, Pannell of the 122nd and Dunn of the 73rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to make it unlawful to intimidate, impede, or obstruct or to endeavor to intimidate, obstruct, or impede certain judicial officers and other public officers in the carrying out of their official duties or to injure such officers on such account.
Referred to the Committee on Public Safety.

HB 1480. By Representatives Thomas of the 31st, Holmes of the 28th, Benn of the 38th, Stanley of the 33rd and Kingston of the 125th:
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 Atlanta University.
Referred to the Committee on Motor Vehicles.

HB 1481. By Representatives Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th, Pannell of the 122nd and Triplett of the 128th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1482. By Representatives Coleman of the 118th and Branch of the 137th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qual ifications of its members, so as to change the composition of certain state representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1483. By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Code Section 20-3-511 of the Official Code of Georgia Anno tated, providing for the secretary of the State Medical Education Board, so as to abolish the office of secretary of that board and authorize that board to employ instead an executive director and to provide for the duties, responsibilities, and compensation of the executive director.
Referred to the Committee on Health & Ecology.

HB 1484. By Representatives Galer of the 97th, Watson of the 114th, Kilgore of the 42nd, Branch of the 137th, Porter of the 119th and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry and Trade, so as to establish a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by companies or agri cultural enterprises which are domiciled in Georgia.
Referred to the Committee on Industry.

HB 1485. By Representatives Richardson of the 52nd, Stephens of the 68th, Williams of the 48th and Martin of the 26th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related insti tutions, so as to change the provisions relating to definitions; to provide for the licensure of adult day-care homes and authorize the Department of Human Resources and county boards of health to perform inspections, charge fees, and perform other functions regarding those homes.
Referred to the Committee on Health & Ecology.

HB 1486. By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to abolish the Brunswick Judicial Circuit and create the Altamaha Judicial Circuit and the Coastal Judicial Circuit in lieu thereof.
Referred to the Committee on Judiciary.

HB 1487. By Representatives Lord of the 107th, Long of the 142nd, Patten of the 149th, Peters of the 2nd, Rainey of the 135th and others:
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 provide for the licensing and regulation of water well pump installers; to provide for declaration of purpose.
Referred to the Committee on Natural Resources & Environment.

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255

HB 1488. By Representatives Byrd of the 153rd, Reaves of the 147th, Hamilton of the 124th, Smith of the 152nd, Greene of the 130th and others:
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 provide for a program of community education and development grants; to provide a short title; to provide for definitions; to authorize the Department of Com munity Affairs to make grants to boards of education for certain programs and activities.
Referred to the Committee on State Planning & Community Affairs.

HB 1489. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Anno tated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any authorized insurer which changes its domicile from Georgia to another state.
Referred to the Committee on Insurance.

HB 1490. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide for annual fees of agents, solic itors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annu ity contracts or variable life insurance contracts.
Referred to the Committee on Insurance.

HB 1491. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the discharge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.
Referred to the Committee on Insurance.

HB 1492. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer.
Referred to the Committee on Insurance.

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HB 1493. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
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 provide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds retained by the insurance fund that issued the check or draft.
Referred to the Committee on Insurance.

HB 1494. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-9-20 of the Official Code of Georgia Anno tated, relating to the maintenance and reporting of records, data, and statis tics by insurers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization.
Referred to the Committee on Insurance.

HB 1496. By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Anno tated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties.
Referred to the Committee on State Planning & Community Affairs.

HB 1497. By Representatives Isakson of the 21st, Watson of the 114th, Pannell of the 122nd, Groover of the 99th, Williams of the 48th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide that advertising a telephone number which when called auto matically imposes a per-call charge or cost to the consumer, other than regular charges for long-distance telephone service, shall be an unfair or deceptive practice unless the advertisement contains certain information.
Referred to the Committee on Industry.

HB 1498. By Representative Yeargin of the 14th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a person who is mentally ill, mentally retarded, an alcoholic, a drug dependent individual, or a substance abuser.
Referred to the Committee on Health & Ecology.

HB 1499. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-13 of the Official Code of Georgia Anno tated, relating to cooperation and joint operation of housing authorities, so as to authorize certain cooperation and joint operation between housing authorities and urban residential finance authorities.
Referred to the Committee on State Planning & Community Affairs.

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257

HB 1500. By Representative Holmes of the 28th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise certain provisions relating to limitations upon certain local sales and excise taxes; to increase the maxi mum amount of local sales and use taxes which may be levied; to increase the maximum amount of taxes which may be levied upon furnishing of rooms, lodgings, and accommodations.
Referred to the Committee on Ways & Means.

HB 1501. By Representative McKinney of the 35th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Anno tated, relating to urban residential finance authorities for large municipal ities, so as to change certain definitions.
Referred to the Committee on State Planning & Community Affairs.

HB 1502. By Representative McKinney of the 35th:
A bill to amend Code Section 36-42-8 of the Official Code of Georgia Anno tated, relating to the powers of downtown development authorities generally, so as to authorize the making and execution of certain additional contracts, agreements, and other instruments.
Referred to the Committee on State Planning & Community Affairs.

HR 657. By Representative Padgett of the 86th: A resolution compensating Ms. Vicky Kay Wilkerson.
Referred to the Committee on Appropriations.

HR 658. By Representative Coleman of the 118th: A resolution compensating Ms. Queen Ester Gay.
Referred to the Committee on Appropriations.

HR 659. By Representatives Galer of the 97th, Watson of the 114th, Kilgore of the 42nd, Branch of the 137th, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia.
Referred to the Committee on Industry.

HR 660. By Representative Yeargin of the 14th: A resolution compensating Mr. Joe D. Simmons.
Referred to the Committee on Appropriations.

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HR 661. By Representatives Rainey of the 135th, Mangum of the 57tl Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution urging the United States Congress to take certain action with respect to federal excise taxation of motor fuel.
Referred to the Committee on Rules.

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

HB 1513. By Representatives Greer of the 39th, Aiken of the 21st, Lane of the 27th and McKinney of the 35th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change which entities may enter into rapid transit contracts; to provide for transportation services contracts between the Authority and political subdivisions of the state and other entities and pro vide for conditions and procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs.

HR 663. By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th, Aiken of the 21st, Clark of the 20th and others:
A resolution creating the Cobb County Commission on Children and Youth.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1381
HB 1382 HB 1383 HB 1384
HB 1385 HB 1386 HB 1387
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HB 1390
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HB 1411
HB 1412 HB 1413 HB 1414
HB 1415 HB 1416 HB 1417
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HB 1397
HB 1398 HB 1399 HB 1400 HB 1403 HB 1404 HB 1405 HB 1406 HB 1407 HB 1408

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f2 HB 1433 HB 1434 HB 1435 HB 1436 HB 1437 HB 1438 HB 1439 HB 1440

WEDNESDAY, JANUARY 27, 1988

259

HB 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 HB 1495 HR 621 HR 626

HR 627 HR 628 HR 631 HR 652 HR 653 HR 654 HR 655 SB 248 SB 401

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1267 Do Pass, by Substitute
Respectfully submitted, /s/ McDonald of the 12th
Chairman

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1276 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

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

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1189 Do Pass HB 1216 Do Pass
Respectfully submitted, /s/ Clark of the 55th
Chairman

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

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Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1268 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
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 House and has instructed me to report the same back to the House with the following recommendations:

HB 1151 Do Pass HB 1204 Do Pass, by Substitute HB 1330 Do Pass

HB 1425 Do Pass HB 1427 Do Pass HB 1444 Do Pass

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

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1212 Do Pass HB 1201 Do Pass HB 1202 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

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

Mr. Speaker:

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

HB 1341 Do Pass, by Substitute HB 1378 Do Pass HB 1379 Do Pass

HB 1409 Do Pass HB 1410 Do Pass, as Amended

WEDNESDAY, JANUARY 27, 1988

261

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

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1279 Do Pass, by Substitute HR 12 Do Pass, by Substitute
Respectfully submitted, /s/ Wilson of the 20th
Chairman

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

HB 1341. By Representative Oliver of the 121st: A bill to recreate and establish the Board of Commissioners of Long County.

The following Committee substitute was read and adopted:

A BILL
To re-create and establish the Board of Commissioners of Long County; to provide for commissioner districts; to provide for elections and terms of office; to provide for a chair man and vice-chairman; to provide for meetings and procedures; to provide for compen sation; to provide for bonds; to provide for vacancies; to provide for a clerk; to provide for a county attorney; to provide for a county physician; to provide for powers, duties, and authority of the board; to provide for purchasing; to provide for emergency powers; to pro vide for budgets and appropriations; to provide for gifts and contributions; to provide for penalties; to provide for severability; to provide for the specific repeal of certain local Acts; 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. The governing authority. The governing authority of Long County shall be known and shall be designated as the Board of Commissioners of Long County. The board of commissioners shall consist of five members. All members of the board of commissioners shall be entitled to vote on any question before the board. All members, including the chairman, shall be elected as provided in this Act.
Section 2. Commissioner districts. For the purposes of this Act Long County shall be divided into five commissioner districts as follows:
Commissioner District 1 Commissioner District 1 will be known as BEARDS CREEK DISTRICT and will be the northwestern section of Long County and bounded northwesterly by Beard's Creek which separates District 1 from Tattnall County; Northeasterly by the Fort Stewart Mili tary Reservation and the Liberty County line. Said southern boundary line commencing at the centerline of U.S. Highway 301 wherein the same intersects the Tattnall

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County/Long County line along Beard's Creek and running THENCE, in a southeasterly direction along the centerline of U.S. Highway 301 to the intersection of County Road 111 known as the Donald Road; THENCE, easterly along the centerline of County Road 111 (Donald Road) to the intersection of County Road 53, known as the Macedonia Church Road; THENCE, easterly along County Road 53 (Macedonia Church Road) to the inter section of Georgia Highway 196; THENCE, easterly along the center line of Georgia High way 196 to the Liberty County line.
Commissioner District 2 Commissioner District 2 will be known as RYE PATCH/OAK DALE DISTRICT and will be bounded on the North by District 1 above, Northeasterly by the Liberty County line; Southeasterly by Districts 4, 5, and the corporate limits of the City of Ludowici; Southwesterly by the Altamaha River which separates Long County from Wayne County, Georgia; and Northwesterly by Beard's Creek which separates Long County from Tattnall County. Said Southeastern boundary of District 2 commencing at the intersection of U.S. Highway 301 and the Altamaha River on the center line of the J. Alvin Leaphart, Sr.
Memorial Bridge and running; THENCE, in a Northeasterly direction along the center line of U.S. Highway 301 to the corporate limits of the City of Ludowici; THENCE,
Northwesterly along the corporate limits of the City of Ludowici; THENCE, Northeasterly along the corporate limits of the City of Ludowici to the center line and intersection of
U.S. Highway 301; THENCE, Northwesterly along the center line of U.S. Highway 301 to the intersection of County Road 97, known as Horton Road; THENCE, Northeasterly
along the center of said county road and proceeding therefrom in a northeasterly direction to Doctors Creek wherein the same intersects County Road 46 known as Lanier Road;
THENCE, South along County Road 46 to the intersection of County Road 113 (Elam Church Road); THENCE, Northeasterly along the center line of County Road 113 to
County Road 31; THENCE, along the center line of County Road 31 in a horse shoe direc tion to County Road 113; THENCE, in a Northeasterly direction to County Road 29;
THENCE, along the center line of County Road 29 to the Liberty County line. Commissioner District 3 Commissioner District 3 will be known as SOUTH LUDOWICI and will be bounded
generally by U.S. Highway 301 on the North, U.S. Highway 82 on the North; Southeasterly and Southerly by District 5 and Southwesterly by the corporate limits of the City of
Ludowici. Said Northwestern boundary being described as follows: Commencing at the intersection of U.S. Highway 301 with the Southwestern corporate limits of the City of
Ludowici and running THENCE, in a Northeasterly direction from the corporate limits along the center line of U.S. Highway 301 to the intersection of Cottage Street; THENCE,
Southeasterly along the center of Cottage Street to the intersection of Railroad Street; THENCE, Northeasterly along the center line of Railroad Street to the intersection of Main Street; THENCE, Southeast along the center line of Main Street to the intersection
of McQueen Street; THENCE, Southwesterly along the center line of McQueen Street to the intersection of Factory Street; THENCE, Southeasterly along the center line of Fac
tory Street to the intersection of Academy Street; THENCE, Northeasterly along the center line of Academy Street, across McDonald Street and continuing in a Northeasterly direction along the center line of Academy Street to the corporate limits of the City of
Ludowici; THENCE, Northerly along the corporate limits of the City of Ludowici to wherein the same intersect U.S. Highway 82; THENCE, along the center line of U.S.
Highway 82 in an easterly direction to the intersection of County Road 23, being the Northwesterly boundary of District 3; the southeasterly boundary line commencing at the
intersection of the center line of U.S. Highway 82 and the center line of County Road 23 running THENCE, in a Southeasterly direction to the intersection of County Road 20;
THENCE, Southwesterly along the center line of County Road 20 to the center line of County Road 22; THENCE, Southwesterly along County Road 22 to the intersection of
County Road 21; THENCE, Easterly along the center line of County Road 21 to the inter section of County Road 20; THENCE Northwesterly along the center line of County Road 20, known as the Old Macon-Darien Public Road, to the corporate limits of the City of
Ludowici; THENCE, Southwesterly along the corporate limits of the City of Ludowici, THENCE, Northwesterly along the corporate limits of the City of Ludowici to the point
of beginning at the intersection of U.S. Highway 301.

WEDNESDAY, JANUARY 27, 1988

263

Commissioner District 4 Commissioner District 4 will be known as NORTH LUDOWICI and bounded North easterly by District 5, Southeasterly by District 3, Southwesterly by the corporate limits of the City of Ludowici and U.S. Highway 301; and Northwesterly by District 2. The Western and Northwesterly boundary line commencing at the intersection of the Southwestern corporate limits of the City of Ludowici and U.S. Highway 301; THENCE, in a Northwesterly direction along the corporate limits; THENCE, Northeasterly along the corporate limits to the center line of U.S. Highway 301; THENCE, Northwesterly along the center line of U.S. Highway 301 to County Road 97; THENCE, Northeasterly along the center line of County Road 97 known as Horton Road, to the intersection of Doctors Creek and County Road 46; THENCE, Southerly along the center line of County Road 46 to the intersection of County Road 113; THENCE, Northeasterly along the center line of County Road 113 to the intersection of County Road 41 (known as Barrett Cemetery Road); THENCE, Southeasterly along County Road 41 to the intersection of U.S. Highway 82; THENCE Southwesterly along the center line of U.S. Highway 82 to the Northeastern corporate limits of the City of Ludowici; THENCE, Southerly along the corporate limits of the City of Ludowici to Academy Street; THENCE, Southwesterly along the center line of Academy Street across McDonald Street continuing in a Southwesterly direction on Academy Street to the intersection of Factory Street; THENCE, Northeasterly along the center line of Factory Street to the intersection of McQueen Street; THENCE North easterly, along the center line of McQueen Street to the intersection of Main Street; THENCE, Northwesterly along the center line of Main Street to the intersection of Rail road Street; THENCE, Southwesterly along the center line of Railroad Street to the inter section of Cottage Street; THENCE, northwesterly along the center line of Cottage Street to the intersection of U.S. Highway 301; THENCE, Southwesterly along the center line of U.S. Highway 301 to the point of beginning at the Southwesterly corporate limits of the City of Ludowici. Commissioner District 5 Commissioner District 5 will be known as TIBET DISTRICT and will be bounded Northeasterly by the county line with Liberty County; Southeasterly by the county line with Mclntosh County; Southwesterly by the Altamaha River which separates Long County from Wayne County, Georgia; and Northwesterly by U.S. Highway 301, the corpo rate limits of the City of Ludowici and Districts 2, 3 and 4 above. The Northwesterly boundary line commencing at the Western boundary of Long County along the center line of U.S. Highway 301 at the J. Alvin Leaphart, Sr. Memorial Bridge running THENCE, along the center line of U.S. Highway 301 to the corporate limits of the City of Ludowici; THENCE, Southeasterly along the corporate limits of the City of Ludowici; THENCE, Northeasterly along the corporate limits of the City of Ludowici to County Road 20 known as the Old Macon-Darien Public Road; THENCE Southeasterly along County Road 20 to the intersection of County Road 21; THENCE, Northerly along the center line of County Road 21 to the intersection of County Road 22; THENCE, Northeasterly along the center line of County Road 22 to the intersection of County Road 20; THENCE, Northerly along the center line of County Road 20 to the intersection of County Road 23; THENCE, along the center line of County Road 23 to the intersection of U.S. Highway 82; THENCE, along the center line of Highway 82 in a Northeasterly direction to the intersection of County Road 41 known as the Barrett Cemetery Road; THENCE, Northwesterly along County 41 to the intersection of County Road 113; THENCE, Northerly along County Road 113 to the intersection of County Road 31 then in a horse shoe direction on County Road 31 to the intersection of County Road 113; THENCE, to the intersection of County Road 29; THENCE, along the center line of County Road 29 in an Easterly direction to the Liberty County line.
Section 3. Election and terms of office of members, (a) The board shall consist of five members. One commission member shall represent each district. All members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Long County for at least one year immediately preceding the date of their election and the district in which they represent for at least one year immediately preceding the date of their election. Each member elected under this Act must remain a

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resident of the district from which such member was elected during such member's term of office. Only resident electors of a district may vote for candidates seeking office in that district. Election shall be by majority vote.
(b) The presently existing board shall continue in existence until the expiration of the present terms of office. The first election to be held pursuant to this Act for the elec tion of a commissioner shall be the August, 1988, primary election and the November, 1988. general election. The members of said board shall be elected for terms of four years and until their successors are elected and qualified and shall take office on January 1, 1989. The terms of office thereafter shall be for four years and until their successors are elected and qualified, with successors taking office on January 1 of each year following their election.
(c) The chairman of the board of commissioners shall be elected annually by the board from its own membership. Thereafter, successors shall be elected by the board from its own membership at the first regular meeting of the board held in January of each year. Any member of the board who serves as chairman shall be eligible for reelection by the board to that office.
(d) At the first regular meeting held in January the incumbent chairman shall pre side until the election of a new chairman. In the event the incumbent chairman is not elected to the new board of commissioners, the member of the board whose age is greatest shall preside until the election of a chairman for the ensuing year.
Section 4. Chairman. The chairman of the board shall: (1) Preside at all meetings of the board unless otherwise adopted by appropriate
resolution. The rules of order shall be governed by "Roberts Rules of Order" unless otherwise adopted by appropriate resolution;
(2) Be recognized as the official head of Long County, Georgia, by state, federal, and other authorities; and
(3) Generally supervise, direct, and control the administration of the affairs of Long County.
Section 5. Board meetings. The commissioners shall hold at least one session the first Tuesday of each month at the county site in the county courthouse, where the clerk of the board of commissioners shall keep a regular office. At the request of a majority of the commissioners, the chairman may at any time call an extra session. Written notice of such extra session, including the purpose for which it was called, shall be served on each member. The commissioners shall have a right to adjourn from day to day until they finish their business. Three members shall constitute a quorum and no less than three members shall pass any order on any subject matter, or at any meeting where there are more than three members present they shall not conduct any business or pass on any question unless three board members vote in favor thereof. The vote on all questions shall be shown on the minutes by recording yea and nay vote. The chairman shall vote on all matters before the board.
Section 6. Official signature. All process, original, reissue, or final, citation, notice, deeds, and contracts issued by or on behalf of said board shall be signed by the chairman on behalf of the board under the attest of the clerk.
Section 7. Alternative signatures. Should the chairman or clerk be physically or men tally incapacitated, or, in the case of an emergency or absence from the county be unable to perform his or her respective duties for any reason, then in such event or events, the vice chairman shall be authorized to substitute his signature for, and sign in the place of, the chairman, and the assistant clerk may sign in the place of the clerk to attest to such signature.
Section 8. Vice chairman. At the first regular meeting in January following each regular election of the members of the board of commissioners, the board shall elect a vice chairman. In the event of the absence of the chairman, the vice chairman shall preside at board meetings. In the event of the death, disqualification, or resignation of the chairman,

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the vice chairman shall perform the duties and have the authority of the chairman until such time as a new chairman is chosen as provided in this Act.
Section 9. Compensation, (a) Each member of the board of commissioners shall be compensated in the amount of $200.00 per month, payable from the funds of Long County.
(b) In addition to the compensation provided in subsection (a) of this section, each member of the board shall be paid the reasonable and necessary expenses incurred in carrying out the duties of that person's office, which shall be paid from the funds of Long County. The board shall by appropriate resolution establish the procedure for submitting claims for the reasonable and necessary expenses incurred.
Section 10. Bond. Before any commissioner shall qualify and perform any of the duties of his office under this Act, he shall give a good bond in the sum of $5,000.00, and that the chairman of the commissioners shall give a bond in the sum of $30,000.00, to be approved by the judge of the Probate Court of Long County and payable to the judge of the Probate Court of Long County for the faithful performance of any and all duties of such office, and the property of the members of said board as well as the securities on either of said bonds, shall be bound from the time of the execution thereof for the pay ment of any and all liabilities arising from the breach of such bonds, but each for himself and not for each other. The cost of such bond shall be paid from the funds of Long County.
Section 11. Vacancies, (a) Should there be a vacancy in the membership of the board of commissioners because of death, resignation, removal of residency from the county or commissioner district, or for any reason other than expiration of term, then a vacancy shall be filled in the following manner:
(1) If the unexpired term is ten months or less, the remaining members of the board of commissioners of said county shall at once appoint his successor to fill out his unexpired term and said successor shall be appointed from the commissioner dis trict where the vacancy occurs.
(2) If the unexpired term is more than ten months and a primary election as defined by Code Section 21-2-2 of the O.C.G.A. will be held within 120 days, but not less than 45 days after the occurrence of the vacancy, then the remaining members of the board of commissioners, within 30 days after the occurrence of said vacancy shall appoint a qualified person to serve until the vacancy is filled for the remaining unexpired term by a person elected at a special election called for the same date as the primary election as provided in this paragraph. The election superintendent of Long County shall issue the call for a special election for the purposes of electing a qualified person to fill the vacancy for the remaining unexpired term, and the election superintendent shall set the date of that special election for the same date as the pri mary election. The call for that special election shall be issued not more than 45 days nor less than 30 days prior to the date of that special election. In the event the remaining term is more than ten months but the vacancy occurs within less than 45 days prior to the date of the next primary election, as defined in this paragraph, then such vacancy shall be filled in the manner prescribed in paragraph (3) of this section.
(3) If the unexpired term is more than ten months and a primary election as defined in paragraph (2) of this section, will not be held within 120 days and at least 45 days after the occurrence of the vacancy, then within 30 days of the occurrence of said vacancy, the election superintendent of Long County shall issue a call for a spe cial election for the purposes of electing a qualified person to fill the vacancy for the unexpired term. The superintendent shall set the date for that special election not less than 30 nor more than 45 days after the date of the issuance of the call. (b) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section. (c) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held in such precinct. The proper officials of the unopposed candidate's political party shall certify him as the party nominee for the office involved for the purpose of having his name

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placed upon the special election ballots or ballot labels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he certifies other candidates nominated pursuant to Code Section 21-2-493 of the O.C.G.A.
Section 12. Clerk of the board. The board of commissioners shall appoint a person as clerk of the Board of Commissioners of Long County. The clerk shall give bond in the amount of $30,000.00 to be approved by the judge of the probate court of Long County and payable to the county for the faithful performance of any and all duties of such office. The clerk shall be appointed by a majority vote and shall hold office at the will of the board. The clerk shall receive such salary as may be allowed by the board of commis sioners. The board of commissioners shall record all their proceedings in the conduct of the county business, and it shall be the duty of the board to keep a book in which to record the board's minutes and to keep such other books as may be necessary for the use of the county. The board of commissioners shall have a seal which shall be affixed to their proceedings. The board of commissioners shall also have the right to appoint by a majority vote a deputy clerk who shall have the same power and authority of the clerk when acting in place of the clerk, but shall act as clerk only during the disqualifying or absence of the clerk. The deputy clerk shall receive such salary as may be allowed by the board of commissioners and shall hold office at the will of the board.
Section 13. County attorney, (a) The Board of Commissioners of Long County, and every new board elected as provided in this Act, shall appoint a county attorney at its first regularly held meeting on January of each year. The county attorney shall serve at the pleasure of the board and may be discharged upon a vote of a majority of the board.
(b) The county attorney shall: (1) Act as a legal advisor, attorney, and counsel to the board of commissioners and
all of its officers in matters relating to their official duties; (2) Prepare or supervise preparation of all contracts, bonds, and other instruments
in writing in which the county government is concerned; and (3) Perform such other duties as may be required by law, ordinance, or resolution
of the board of commissioners. (c) All requests for legal opinions from the county attorney shall be made through the chairman of the board of commissioners. (d) The county attorney may not represent any county official or employee if the representation of the county official or employee conflicts with the interest of the county government. In such cases, the board of commissioners shall employ separate counsel to represent the county official or employee if the county government is obligated to provide representation for such county official or employee. (e) If needed, the board of commissioners may appoint an assistant county attorney upon such terms and conditions as the board may consider appropriate. (f) No person who serves as county attorney or assistant county attorney may repre sent any client before the board of commissioners. No person who is a member of the same law firm as the county attorney or the assistant county attorney may represent any client before the board of commissioners. (g) No person who serves as county attorney or assistant county attorney and no person who is a member of the same law firm as the county attorney or assistant county attorney may represent the Long County Hospital Authority, the Board of Education of Long County, or any municipality located within Long County. (h) The compensation of the county attorney shall be fixed by the board of commis sioners and upon such terms and conditions as may be approved by the board.
Section 14. County physician. The board shall have authority to employ a county physician or physicians for the purposes of giving medical attention to prisoners, convicts, and paupers, and any other person requiring the services of a physician in the administra tion of which the board stands charged. In the employing of a county physician or physi cians, the board may, in its discretion, more definitely fix and outline their duties, and shall name the amount of their compensation.

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Section 15. Powers and duties of the board of commissioners. The board of commis sioners shall have the power to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters over which the board of commissioners has authority as the governing authority of Long County. Without limiting the generality of the foregoing, the following powers are vested in the board of commissioners:
(1) To levy taxes; (2) To fix the rates of all other charges;
(3) To make appropriations; (4) To authorize the incurring of indebtedness;
(5) To authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law;
(7) To establish, abolish, or change election precincts and militia districts accord ing to law;
(8) To allow the insolvent lists for the county; (9) To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county;
(10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citi zens;
(11) To create and change the boundaries of special taxing districts authorized by law;
(12) To fix the bonds of county officers where the same are not fixed by statute;
(13) To direct and control all the property of the county according to law; (14) To levy a general tax for general purposes and special taxes for particular county purposes;
(15) To examine and audit the accounts of all officers, including all county officers,
having the care, management, keeping, collecting, or disbursement of money belonging to the county or collected for the county's use and benefit and in bringing them to a settlement;
(16) To examine, settle, and allow all claims against the county;
(17) To regulate peddling and fix the cost therefor and to fix the cost for licenses for the sale of spirituous liquors and alcoholic beverages and to fix the costs for the exhibition of shows in the county;
(18) To enact any ordinances or other legislation the county may be given authority to enact;
(19) To determine the priority of capital improvements; (20) To call elections for the voting of bonds;
(21) To exercise all of the power and authority vested by law in the judge of the probate court when sitting for county purposes;
(22) To fix, levy, and assess license fees, charges, or taxes on all persons, firms, and corporations engaging in or offering to engage in any trade, business, calling, avo
cation, or profession in the unincorporated area of Long County, except businesses which are subject to regulation by the Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of the
business conducted by such persons, firms, and corporations and to fix, levy, and assess different license fees, charges, or taxes against different classes of trades, busi
nesses, callings, avocations, or professions;
(23) To adopt ordinances and resolutions to govern and regulate all trades, busi nesses, callings, avocations, or professions, not contrary to regulations prescribed by
general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses
without the obtaining of a license or when such license is revoked or suspended;

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(24) To prevent animals from running at large in the county; to regulate the man ner and numbers in which animals may be kept; to take up and impound animals and to punish all owners or other persons keeping animals for failure or refusal to obey any ordinance controlling or regulating the keeping of animals and to fix penalties and charges to be paid for the violation of any such ordinance; to provide for the sale and disposition of unclaimed animals impounded; to levy and collect a tax upon dogs in said county and to provide for registration of dogs; and to do any and all things neces sary to carry out the purposes of this paragraph for the public interest;
(25) To prescribe penalties and punishment for the violation of zoning ordinances, building codes, including electrical, plumbing, heating, and air conditioning regula tions, and all other lawful ordinances adopted by the board of commissioners pursuant to this or any other law in force in said county;
(26) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds, and swimming pools, by the public, and to prescribe penalties and pun ishment for violations thereof;
(27) To prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;
(28) To prohibit or regulate and control the erection and maintenance of signs, bill boards, trees, shrubs, fences, buildings, and any and all other structures or obstruc tions upon or adjacent to the rights of way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances;
(29) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness, and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within such area of Long County which, while not constituting offenses against the general laws of this state, are deemed by the board of commissioners to be detrimental and offensive to the peace, good order, and dignity of Long County and to the welfare and morals of the citizens thereof;
(30) To purchase real property for roads, parks, offices, polling places, and any and all public needs authorized by law which would require the use of real property; and
(31) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state.
Section 16. Board as purchasing agent. The board of commissioners shall be the pur chasing agent for Long County for all things needed by the different departments of Long County and for the purchase of all other supplies for elected or appointed offices and their office that by law the board of commissioners is required to provide.
Section 17. Purchasing authority, (a) The board of commissioners, any member thereof, or any other county officer authorized by law to use public or county funds for the purchase of goods or property of any kind for public or county purposes shall not pur chase such goods or property from any store in which such county governing authority, any member thereof, or other county officer is an employee, or in which he is directly or indirectly interested, or from any person or partnership of which he is a member or by whom he is employed, unless by sanction of the majority of the members of the county governing authority or unless it is made clearly to appear that such individual, partner ship, or owner of the store offers and will sell the goods or property as cheaply as or cheaper than the same can be bought elsewhere.
(b) Any board member or any county officer violating subsection (a) of this section shall be removed from office upon proper proceedings instituted by any taxpayer in the county. Any contract made in violation of subsection (a) of this section shall be illegal.
Section 18. Emergency powers of board. To meet a public emergency threatening life, health, property, or public peace, the board of commissioners may adopt emergency

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ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew, or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall con tain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least three members of the board of commissioners shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance or resolution shall automatically stand repealed on the sixteenth day following the date on which it was adopted but, if the emergency still exists, the automatic repeal of the ordinance or resolu tion shall not prevent its reenactment in the manner specified in this subsection. An emer gency ordinance or resolution may also be repealed by adoption of the repealing ordinance or resolution in the same manner specified in this section for adoption of emergency ordi nances or resolutions.
Section 19. Budgets and appropriations. Prior to the beginning of each fiscal year, the Board of Commissioners of Long County shall prepare an annual operating budget which will cover all expenses and costs of operating the offices and departments of the county. The board of commissioners shall have published in the official organ of the county, prior to formal adoption of the budget, a copy of the prepared budget. After such publication and at its next regular meeting, the board shall formally adopt a budget for the ensuing fiscal year. Upon adoption by the board, it shall be unlawful to transfer monies from the account of one department to the account of another department or to authorize the expenditure of funds for purposes other than those specifically included in the budget unless the board by appropriate resolution adopted by said board authorizes the transfer of funds from one department to another to meet the needs of the governing authority of Long County.
Section 20. Gifts and contributions. The board of commissioners may receive con tributions for the improvement of the public roads of the county from persons who own property along the same, or from any other person who may be interested in the improve ment of the roads, and such contributions, when received, shall be used for the improve ment of the road designated by the contributor, and it shall be the duty of the clerk to receive such contributions and to disburse the same, as directed by the commissioners, and he shall keep a book of accounts which should correctly show all such contributions, from whom received and a correct disbursement of the same, to whom paid, and shall take and file receipts for all such disbursements and for any misappropriation of any such funds, he and his securities on his bond shall be liable therefor.
Section 21. Penalties. The board of commissioners is authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances or resolutions adopted by the board to carry out any of the provisions of this Act or of any other law and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $500.00, imprisonment in the county jail for 30 days, or labor on the work gang for 60 days for any single offense, or any combination thereon.
Section 22. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sen tence, clause, or phrase so declared or adjudged invalid or unconstitutional were not orig inally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 23. Compliance with Section 5 of the Voting Rights Act of 1965. The within procedure for election of the Board of Commissioners of Long County is in compliance

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with the Consent Decree, Order, and Judgment in the case of Willie T. Glover, et al. vs. Long County, Georgia Board of Commissioners, et al., Civil Action No. CV 287-20 in the United States District Court for the Southern District of Georgia, Brunswick Division, the United States Department of Justice having interposed no objection by letter dated July 9, 1987, in correspondence WBR:LLT:PRD:gmh:sw; DJ 166-012-3; S1562-1563; S3225-3227.
Section 24. An Act establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, is repealed in its entirety.
Section 25. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1378.

By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or suspension of the chairman or 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 1379.

By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the compensation of the chairman and the other members of the board of Oconee County.

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

HB 1409.

By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

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

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271

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

HB 1410. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.

The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1410 by striking on line 4 of page 2 the words "not more than" in their entirety.

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

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

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

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.

HB 1194.

By Representatives Lane of the 27th, Yeargin of the 14th, Royal of the 144th and Adams of the 36th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority", so as to provide for the use of the Authority's available revenues to construct, complete, and operate rapid transit projects beyond Phases A, B, and C of the rapid transit system.

HB 1205.

By Representative Hooks of the 116th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Sumter County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia.

HB 1275.

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.

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SB 409. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change certain requirements and procedures regarding the filling of vacancies in the office of the judge of the probate court; to change the provisions relating to appointment of clerks by probate judges; the filling of vacancies in the office of county surveyor; the filling of vacancies in the office of coroner; the filling of vacancies in the offi ces of tax receiver, collector, or commissioner.

SB 411. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to establish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses.

SB 412. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code.

SB 413. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Anno tated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training incurred by each probate judge elect.

SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Anno tated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in connection with certain athletic events in the state.

SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the Attorney General from being a member of certain commissions, committees, authorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.

SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to pro vide for legislative purpose and intent; to provide a definition; to provide, under certain circumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.

The Senate recedes from its amendment to the following Bill of the House:

WEDNESDAY, JANUARY 27, 1988

273

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 Anno tated, 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 Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:

HR 632. By Representatives Shepard of the 71st, Wood of the 9th, Galer of the 97th, Bailey of the 72nd and Gresham of the 21st:
A resolution urging the United States Congress to initiate an effort to secure the return of American prisoners of war still held captive in Southeast Asia.

HR 648. By Representative Wilson of the 20th:
A resolution commending health care volunteers and recognizing February 4, 1988, as "Hospital Volunteer Day" in the State of Georgia.

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

SB 409. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change certain requirements and procedures regarding the filling of vacancies in the office of the judge of the probate court; to change the provisions relating to appointment of clerks by probate judges; the filling of vacancies in the office of county surveyor; the filling of vacancies in the office of coroner; the filling of vacancies in the offi ces of tax receiver, collector, or commissioner.
Referred to the Committee on Judiciary.

SB 411. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to establish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses.
Referred to the Committee on Judiciary.

SB 412. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code.
Referred to the Committee on Judiciary.

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SB 413. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Anno tated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training incurred by each probate judge elect.
Referred to the Committee on Judiciary.

SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Anno tated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in connection with certain athletic events in the state.
Referred to the Committee on Public Safety.

SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the Attorney General from being a member of certain commissions, committees, authorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.
Referred to the Committee on Rules.

SB 435. By Senators Barnes of the 33rd, McKenzie of the 14th, Ray of the 19th and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to pro vide for legislative purpose and intent; to provide a definition; to provide, under certain circumstances, that certain records are not open to the public; to continue certain privileges and statutory exceptions.
Referred to the Committee on Rules.

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

HB 718. By Representative Parrish of the 109th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to requirements for continued active membership in the fund; to provide for an increase in retirement benefits.

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 Y Beck Y Benefield

Y Benn Y Birdsong Y Bishop Y Bostick

Y Branch Y Brooks Y Brown
Buck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Guilders Y Clark,B Y Clark,H Y Clark.L
Y Colbert Y Coleman
Colwell
Y Connell Y Couch YCoJ Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis,G
Davis.M Y Dixon Y Dobbs Y Dover YDunn Y Edwards

WEDNESDAY, JANUARY 27, 1988

Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty Y Heard N 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 N Lawrence Y Lawson
YLee N Under YLong YLord
Lucas N Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows Milam
Y Milford Y Mobley Y Moody Y Moore N Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y 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 Y Ramsey.T Y Ramsey.V YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod
Simpson Y Sinkfield
Y Sizemore Y Smith.L
Smith.P Y Smith.T

275
Y Smith.W Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert N Townsend
Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ Y Wilson YWood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 6. The Bill, having received the requisite constitutional majority, was passed.

Representative Buck of the 95th 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 House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Industry:

HB 1405. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to change and revise extensively the provisions relating to actions by the administrator of the "Fair Business Practices Act of 1975".

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

HR 662. By Representatives Brown of the 88th, Ransom of the 90th, Padgett of the 86th, Connell of the 87th, Cheeks of the 89th and Walker of the 85th:
A resolution commending Midshipman Second Class Gregory Bruce Owens and inviting him to appear before the House of Representatives.

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

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HB 1281. By Representatives Hooks of the 116th, Richardson of the 52nd, Childers of the 15th, McKinney of the 35th, Smyre of the 92nd and others:
A bill to exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, including Human Immunodeficiency Virus (HIV).

The following Committee substitute was read:

A BILL
To exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, including Human Immunodeficiency Virus (HIV); to provide for legislative findings and intent; to provide for definitions; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for mandatory and involuntary HIV test ing of certain children who have committed certain delinquent acts; to provide for report ing, recording, and disclosure of certain HIV test results and provide for counseling and authorize such results to be considered in certain disposition orders and require separate confinement of those children determined to be infected with HIV; to provide for the seal ing of records; to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crimes of AIDS battery and aggravated AIDS battery and provide defenses thereto and penalties therefor; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relat ing to general procedures for sentencing and imposition of punishment, so as to provide for mandatory and involuntary HIV testing of certain persons sentenced for certain crimes and provide for conditions of suspending or probating sentences; to provide for reporting, recording, and disclosures of certain HIV test results and provide for counseling; to require separate confinement of certain prisoners determined to be infected with HIV; to provide that certain reports and records shall be public; to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to require the Department of Human Resources to prepare and furnish certain brochures, HIV test site listings, and forms and require that applicants for a marriage license receive such bro chures and listings and acknowledge such receipt prior to being issued such license; to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Anno tated, relating to privileged medical information, so as to prohibit certain persons or legal entities from disclosing or being compelled to disclose AIDS confidential information and provide for exceptions to that prohibition; to require certain disclosures or reporting of AIDS confidential information and authorize other disclosures or reporting; to authorize the Department of Human Resources and county boards of health to contact HIV infected persons and other persons at risk of infection from those persons for certain purposes and to require such contacting of certain spouses of HIV infected persons; to provide for immunity from civil and criminal liability for certain disclosures and the failure to make certain disclosures; to provide that certain information retains its privileged character; to prohibit the Department of Human Resources and county boards of health from being compelled to disclose certain information contained in their records and to provide that such information shall not be a public record; to provide for criminal penalties for certain disclosures of AIDS confidential information; to provide for statutory construction; to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clin ical laboratories, so as to provide for definitions; to limit which persons or legal entities may be utilized to perform HIV tests; to prohibit the sale or offer for sale of certain HIV tests; to provide for anonymous reporting of confirmed positive HIV tests; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for mandatory and involuntary HIV testing of certain mentally ill, mentally retarded, alco holic, drug dependent, or drug-abusing individuals and provide for immunity in connection therewith; to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia

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Annotated, relating to conditions of penal detention generally, so as to provide for manda tory and involuntary HIV testing of certain prisoners and provide for the separate confine ment of those determined to be infected with HIV and provide for immunity in connection therewith; to provide for statutory construction; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles may obtain from penal institutions, and such institutions may provide to that board, HIV test results regarding certain persons seeking relief from a sentence and authorize the board to require that persons seeking relief from a sentence be required to submit to an HIV test; to authorize the board to consider those test results, among other factors, in determining whether or not to grant relief and to impose conditions upon the granting of such relief; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require that human body parts or the donors thereof be tested for HIV prior to making any such part available for use in another human being; to provide for the disposition of human body parts determined to be infected with HIV and provide for notifications of such infection to donors and persons at risk from the HIV infected person; to provide for exceptions; to provide for penalties; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," so as to provide for mandatory and involuntary testing of certain delinquent or unruly children committed to the Department of Human Resources for detention and pro vide for immunity in connection therewith; to provide for separate confinement of such children determined to be infected with HIV; to amend Chapter 1 of Title 51 of the Offi cial Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide that persons who know that they are HIV infected persons and nevertheless engage in certain conduct which may transmit HIV may be liable for damages caused thereby; to provide for all related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intravaneous drug use, not through casual contact, and, while deadly, is therefore prevent able. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to pro tect themselves and prevent its spread. The Department of Human Resources is encour aged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such mea sures in the exercise of its police powers in order to deal with AIDS and HIV infection.
Section 2. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relat ing to juvenile proceedings, is amended by adding following Code Section 15-11-35 a new Code section to read as follows:
"15-11-35.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court shall order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Human Resources a copy of such order within three days following the issuance thereof.
(c) The Department of Human Resources, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.

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(d) Any child ordered under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court, including any degree of force reasonably necessary, to require involuntary submission to an HIV test.
(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be reported to:
(1) The Department of Human Resources, which shall disclose that determination and name of the child and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person;
(2) The court which ordered the HIV test, which court shall make that report a part of that child's juvenile record and shall be authorized to consider that report in making any order of disposition regarding that child and the report and record shall be sealed by the court; and
(3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person shall be confined in that facility separately from any other persons in that facility other than those who have been determined to be infected with HIV."
Section 3. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to assault and battery, is amended by adding after Code Section 16-5-20 a new Code section to read as follows:
"16-5-20.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) A person commits the offense of AIDS battery if that person is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Engages in sexual intercourse or performs or submits to any sexual act involv ing the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act;
(2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person's body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person's body and when that infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to such use;
(3) Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse;
(4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to soliciting that act of sodomy; or
(5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person's being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part. (c) A person commits the offense of aggravated AIDS battery if that person is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Knowingly commits any unconsented to act with or to another person whereby body fluids of one person come in contact with the body of the other person in such a manner as to contact any body fluids of that other person; or
(2) Knowingly commits any unconsented to act described in paragraph (1) or (2) of subsection (b) of this Code section without regard to whether or not the fact of the infected person's being an HIV infected person is disclosed prior to the act.

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(d) It shall not be a defense to a prosecution under this Code section that the person against whom is committed the offense of AIDS battery or aggravated AIDS battery does not become an HIV infected person after the commission of the offense or is already an HIV infected person at the time of the commission of the offense.
(e) A person who commits the offense of AIDS battery shall be punished by imprisonment for not less than one nor more than five years. A person who commits the offense of aggravated AIDS battery shall be punished by imprisonment for not less than 20 years nor more than 30 years."
Section 4. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to general procedures for sentencing and imposition of punishment, is amended by adding at the end thereof a new Code section to read as follows:
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS trans mitting crime, the court in which that verdict is returned or plea entered shall require the defendant in such case to submit to an HIV test within 45 days following the date of the verdict or plea. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Depart ment of Human Resources.
(c) The Department of Human Resources, within 30 days following receipt of the notification under subsection (b) of this Code section, shall arrange for the HIV test for the person required to submit thereto.
(d) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was returned or plea entered, including any degree of force reasonably necessary, to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime.
(e) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Human Resources, which shall disclose that determination and name of the person and provide counseling to each victim of that person's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person;
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and shall be authorized to consider that report in imposing any sentence regarding that person and that report shall be sealed by the court; and
(3) Those persons in charge of any penal institution or other facility to which the person has been confined by order or sentence of the court, and those persons may disclose such determination to those employees or agents of the confining facility who may be persons at risk of being infected with HIV from the person confined therein."
Section 5. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage licenses, is amended by adding after Code Section 19-3-35 a new Code section to read as follows:
"19-3-35.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) The Department of Human Resources shall prepare a brochure describing AIDS, HIV, and the dangers, risk groups, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further pre pare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms pre pared by the Department of Human Resources under this subsection shall be prepared

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and furnished to the office of each judge of the probate court no later than October 1, 1988.
(c) On and after October 1, 1988, each person who makes application for a marriage license shall receive from the office of the probate judge at the time of the application the AIDS brochure and listing of HIV test sites prepared and furnished pursuant to sub section (b) of this Code section. On and after October 1, 1988, no marriage license shall be issued unless both the proposed husband and the proposed wife sign a form acknowl edging that both have received the brochure and listing."
Section 6. Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, is amended by adding at the end a new Code section to read as follows:
"24-9-47. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Except as otherwise provided in this Code section: (1) No person or legal entity which receives AIDS confidential information pur
suant to this Code section or which is responsible for recording, reporting, or main taining AIDS confidential information shall:
(A) Intentionally or knowingly disclose that information to another person or legal entity; or
(B) Be compelled by subpoena to disclose that information to another person or legal entity; and (2) No person or legal entity which receives AIDS confidential information which that person or legal entity knows was disclosed in violation of paragraph (1) of this subsection shall:
(A) Intentionally or knowingly disclose that information to another person or legal entity; or
(B) Be compelled by subpoena to disclose that information to another person or legal entity. (c) AIDS confidential information may be disclosed to the person identified by that information or, if that person is a minor or incompetent person, to that person's parent or legal guardian. (d) AIDS confidential information may be disclosed to any person or legal entity designated to receive that information when that designation is made by the person identified by that information or, if that person is a minor or incompetent person, by that person's parent or legal guardian. (e) AIDS confidential information may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if that information is authorized or required by law to be reported to that agency or depart ment. (f) AIDS confidential information may be disclosed as medical information pursuant to Code Section 24-9-40, relating to the release of medical information, or pursuant to any other law which authorizes or requires the disclosure of medical information. (g) The results of an HIV test may be disclosed to the person, or that person's desig nated representative, who ordered such tests of the body fluids or tissue of another person. (h) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required by law. (i) When the patient of a physician has been determined to be infected with HIV and that patient's physician reasonably believes that the spouse or sexual partner of that patient or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse at risk that the patient has been determined to be infected with HIV. (j) (1) A physician, health care provider, or health care facility having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources:
(A) The name and address of that patient; (B) That the patient has been determined to be infected with HIV; and

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(C) The name and address of any other person whom the disclosing person or legal entity reasonably believes to be a person at risk of being infected with HIV by that patient. (2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of Human Resources is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Human Resources the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Human Resources. (3) The Department of Human Resources may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with HIV to the board of health of the county in which that person resides or is located. The Department of Human Resources or the county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection:
(A) May contact any person named in such disclosure as having been deter mined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person;
(B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV, counseling such person at risk, and encouraging such person to submit to an HIV test; and
(C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if:
(i) (I) Both persons are married to each other; or (II) Both persons are not married to each other but have lived together as
man and wife and hold themselves out as such, according to standards set by the department; and (ii) Both persons are reasonably likely to have engaged in sexual intercourse or any other act determined by the department likely to have resulted in the transmission of HIV between such persons within the preceding five years; and
(iii) The spouse of the HIV infected person may be located and contacted without undue difficulty.
(k) A physician, health care provider, or health care facility may disclose AIDS con fidential information regarding a patient thereof if that disclosure is made to a physi cian, health care provider, or health care facility which has provided, is providing, or will provide any health care service to that patient and as a result of such provision of service:
(1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or
(2) Has a legitimate need for that information in order to provide any health care service to that patient.
(1) A physician, health care provider, health care facility, or any other person or legal entity authorized but not required to disclose AIDS confidential information pursuant to this Code section shall have no duty to make such disclosure and shall not be liable to the patient or any other person or legal entity for failing to make such disclosure. A physician, health care provider, health care facility, or any other person or legal entity which discloses information as authorized or required by this Code section or as author ized or required by law shall have no civil or criminal liability therefor.
(m) When any person or legal entity is authorized or required by this Code section or any other law to disclose AIDS confidential information to a person at risk of being

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infected with HIV and that person at risk is a minor or incompetent person, such disclo sure may be made to any parent or legal guardian of the minor or incompetent person, to the minor or incompetent person, or to both the minor or incompetent person and any parent or legal guardian thereof.
(n) When an institutional care facility is the site at which a person is at risk of being infected with HIV and as a result of that risk a disclosure of AIDS confidential informa tion to any person at risk at that site is authorized or required under this Code section or any other law, such disclosure may be made to the person at risk or to that insti tutional care facility's chief administrative or executive officer, or such officer's designee, in which case that officer or designee is authorized to make such disclosure to the person at risk.
(o) When a disclosure of AIDS confidential information is authorized or required by this Code section or any other law to be made to a legal entity, that disclosure may be made to an employee of that legal entity if that disclosure to such employee is reason ably necessary in the ordinary course of business to carry out the purposes for which the disclosure is authorized or required to be made to that legal entity.
(p) Any disclosure of AIDS confidential information authorized or required by this Code section or any other law and any unauthorized disclosure of such information shall in no way destroy the privileged character of that information except for the purpose for which the authorized or required disclosure is made.
(q) Neither the Department of Human Resources nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclo sure is authorized or required by this Code section or any other law, except that such information in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process.
(r) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(s) Nothing in this Code section or any other law shall be construed to authorize the disclosure of AIDS confidential information if that disclosure is prohibited by federal law, or regulations promulgated thereunder, nor shall anything in this Code section or any other law be construed to prohibit the disclosure of information which would be AIDS confidential information except that such information does not permit the iden tification of any person.
(t) A public safety agency or district attorney may obtain, upon written request therefor, the results from an HIV test to which the person named in the request has submitted under Code Section 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record.
(u) Any person or legal entity required by an order of a court to disclose AIDS con fidential information in the custody or control of such person or legal entity shall dis close that information as required by that order.
(v) AIDS confidential information obtained after July 1, 1988, by the Department of Human Resources or any county board of health maintaining AIDS confidential information may be disclosed to a prosecutor, upon request thereof, for use as part of the investigation or trial of an alleged act of AIDS battery or aggravated AIDS battery, but that department shall not disclose the identity of a person on the department's registry of AIDS cases. Nothing in this Code section shall limit the authority of the department to require reporting thereto of AIDS cases.
(w) In connection with any prosecution for the alleged commission of AIDS battery or aggravated AIDS battery, the prosecutor may subpoena any person to authenticate test results obtained pursuant to subsection (t) or (v) of this Code section, establish a chain of custody, or otherwise testify regarding the results of any notifications given regarding those results. The provisions of this subsection shall apply as to records, per sonnel, or both of the Department of Human Resources or a county board of health not withstanding Code Section 50-18-72.
(x) (1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to any of the following only as provided in this subsection:

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(A) A public safety agency having a public safety employee who has, in the line of duty, come in contact with the body fluids of the person identified by the AIDS confidential information sought;
(B) A prosecuting attorney, or designee thereof, requiring such information in the investigation, prosecution, or trial of the offense of AIDS battery or aggravated AIDS battery allegedly committed by the person identified by the AIDS confidential information; or
(C) Any other person or legal entity which shows that the body fluids of the person identified by the AIDS confidential information have come in contact with or may reasonably be expected soon to come in contact with the body of another person so as to contact the body fluids of that other person in a manner likely to result in the transmission of HIV to the other person. (2) An order may be issued against a person or legal entity responsible for record ing, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the person or legal entity petitioning the court for such order demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or pri vate need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. (3) A petition seeking disclosure of AIDS confidential information under this sub section shall substitute a pseudonym for the true name of the person concerning whom the information is sought. The disclosure to the parties of that person's true name shall be communicated confidentially, in documents not filed with the court. (4) Before granting any order under this subsection, the court shall provide the person concerning whom the information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party. (5) Court proceedings as to disclosure of AIDS confidential information under this subsection shall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court.
(6) Upon the issuance of an order that a person or legal entity be required to dis close AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspection that the person named in the order is an HIV infected person, the court shall disclose to the petitioner that determination and shall impose appropriate safeguards against unauthorized disclosure which shall spec ify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure.
(7) The record of the proceedings under this subsection shall be sealed by the court.
(8) An order may not be issued under this subsection against the Department of Human Resources, any county board of health, or any anonymous HIV test site oper ated by or on behalf of that department.
(9) AIDS confidential information obtained pursuant to this subsection may not be used in any criminal proceeding against the person identified by that information unless the information is obtained pursuant to subparagraph (B) of paragraph (2) of this subsection.
(10) If a court issues an order requiring the disclosure of AIDS confidential information pursuant to this subsection, that court may also, upon request of the peti tioner to whom the information was disclosed, subpoena witnesses to testify in any civil proceeding or in any criminal proceeding in order to authenticate such informa tion, establish a chain of custody, or otherwise testify regarding the information so disclosed including but not limited to notifications to a person determined to be infected with HIV."

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Section 7. Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relat ing to clinical laboratories, is amended by adding after Code Section 31-22-9 two new Code sections to read as follows:
"31-22-9.1. (a) As used in this Code section, the term: (1) 'AIDS' means Acquired Immunodeficiency Syndrome or AIDS Related Com
plex within the reporting criteria of the department. (2) 'AIDS confidential information' means information which discloses that a
person: (A) Has been diagnosed as having AIDS; (B) Has been or is being treated for AIDS; (C) Has been determined to be infected with HIV; (D) Has submitted to an HIV test; or (E) Has had a positive or negative result from an HIV test,
and which permits the identification of that person. (3) 'AIDS transmitting crime' means any of the following offenses specified in
Title 16:
(A) Rape; (B) Sodomy; (C) Aggravated sodomy; (D) Child molestation; (E) Aggravated child molestation; (F) Prostitution; (G) Solicitation of sodomy; (H) Fornication; (I) Adultery; (J) Incest; (K) Statutory rape; or (L) Any offense involving a violation of Article 2 of Chapter 13 of Title 16, regarding controlled substances, if that offense involves heroin, cocaine, derivatives of either, or any other controlled substance in Schedule I, II, III, IV, or V and that other substance is commonly intravenously injected, as determined by the regula tions of the department. (4) 'Body fluids' means blood, semen, or any other secretions or fluids of the human body. (5) 'Confirmed positive HIV test' means the results of at least two separate types of HIV tests, both of which indicate the presence of HIV in the substance tested thereby. (6) 'Counseling' means sharing accurate information regarding AIDS and HIV, including written materials describing AIDS and HIV, risk groups for AIDS and HIV infection, behaviors to reduce the risk of transmitting AIDS and HIV, confidentiality of information relating to AIDS diagnoses and HIV tests, information regarding both social and medical implications of HIV tests, and any commonly recognized treatment for AIDS and HIV infection. (7) 'Determined to be infected with HIV means having a confirmed positive HIV test or having been clinically diagnosed as having AIDS. (8) 'Health care facility' means any: (A) Institution or medical facility, as defined in Code Section 31-7-1; (B) Facility for the mentally ill, mentally retarded, or alcoholic or drug depend ent persons, as defined in Code Sections 37-3-1, 37-4-1, and 37-7-1, respectively; (C) Medical, dental, osteopathic, podiatric, or chiropractic clinic;
(D) Hospice, as defined in Code Section 31-7-172;
(E) Clinical laboratory, as defined in Code Section 31-22-1;
(F) Health maintenance organization; or
(G) Employee, agent, or independent contractor of any facility listed in subparagraphs (A) through (F) of this paragraph.
(9) 'Health care provider' means any of the following persons licensed or regulated by the state:

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285

(A) Physician or physician's assistant; (B) Osteopath; (C) Podiatrist;
(D) Chiropractor; (E) Midwife;
(F) Dentist, dental hygienist, or dental assistant; (G) Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist; (H) Optometrist; (I) Registered nurse;
(J) Licensed practical nurse; (K) Pharmacist;
(L) Emergency medical technician, advanced emergency medical technician, or cardiac technician;
(M) Clinical laboratory director, supervisor, technician, or technologist; (N) Funeral director or embalmer; (0) Physical therapist;
(P) Occupational therapist; (Q) Member of a hospice team, as defined in Code Section 31-7-172; (R) Nursing home administrator; (S) Professional counselors, social workers, or marriage and family therapists; (T) Psychologist;
(U) Administrative, clerical, or support personnel, whether or not they are licensed or regulated by the state, of any person specified in subparagraphs (A) through (T) of this paragraph;
(V) Trainees, students, or interns, whether or not they are licensed or regulated by the state, of any persons listed in subparagraphs (A) through (T) of this para graph; or
(W) First responder, as defined in Chapter 11 of this title, although such person is not licensed or regulated by the state. (10) 'HIV means any type of Human Immunodeficiency Virus, Human T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy Associated Virus Types I or II, AIDS Related Virus, or any other identified causative agent of AIDS.
(11) 'HIV infected person' means a person who has been determined to be infected with HIV, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS.
(12) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, which test has been approved
for such purposes by the regulations of the department. (13) 'Institutional care facility' means any:
(A) Health care facility; (B) Child welfare agency, as defined in Code Section 49-5-12; (C) Group care facility, as defined in Code Section 49-5-3;
(D) School; (E) Penal institution; or
(F) Military unit. (14) 'Knowledge of being infected with HIV means actual knowledge of:
(A) A confirmed positive HIV test; or (B) A clinical diagnosis of AIDS.
(15) 'Law' means federal or state law. (16) 'Legal entity' means a partnership, association, joint venture, trust, govern mental entity, public or private corporation, health care facility, institutional care
facility, or any other similar entity. (17) 'Military unit' means the smallest organizational unit of the organized militia
of the state, as defined in Code Section 38-2-2, or of any branch of the armed forces
of the United States, which unit is commanded by a commissioned officer. (18) 'Penal institution' means any jail, correctional institution, or similar facility for
the detention of violators of state laws or local ordinances.

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(19) 'Person' means a natural person. (20) 'Person at risk of being infected with HIV means any person who may have already come in contact with or who may in the future reasonably be expected to come in contact with the body fluids of an HIV infected person. (21) 'Physician' means any person licensed to practice medicine under Chapter 34 of Title 43. (22) 'Public safety agency' means that governmental unit which directly employs a public safety employee. (23) 'Public safety employee' means an emergency medical technician, fireman, law enforcement officer, or prison guard, as such terms are defined in Code Section 45-9-81, relating to indemnification of such personnel for death or disability. (b) Notwithstanding the provisions of Code Section 31-21-10 and Code Section 31-22-11, no person or legal entity shall submit for an HIV test any human body fluid or tissue to any person or legal entity except to: (1) A clinical laboratory licensed under this chapter; (2) A clinical laboratory exempt from licensure under Code Section 31-22-9; or (3) A clinical laboratory licensed as such pursuant to the laws of any other state. (c) No person or legal entity may sell or offer for sale any HIV test that permits any person or legal entity, including the person whose body fluids are to be tested, to per form that test other than a person or legal entity specified in paragraphs (1) through (3) of subsection (b) of this Code section. 31-22-9.2. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1. (b) Each health care provider, health care facility, or any other person or legal entity which orders an HIV test for any person shall report each confirmed positive HIV test to the department along with the age, sex, race, and county of residence of the person having the confirmed positive HIV test but shall include in that report no other iden tifying characteristics regarding the HIV infected person unless otherwise authorized or required by law. The provisions of this subsection shall be automatically repealed on the beginning date specified by the department, pursuant to paragraph (2) of subsection (j) of Code Section 24-9-47, for the mandatory reporting by name of persons determined to be infected with HIV."
Section 8. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding following Code Section 37-3-163, relating to consent to medi cal treatment of mentally ill persons, a new Code section to read as follows:
"37-3-163.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Where the staff of the facility in which a mentally ill individual has been accepted for treatment determines that there is reasonable cause to believe that such individual has committed or will commit any act in that facility with or to another person which will result in the exchange of body fluids between such persons and which could thereby, according to standards established by the department, result in the trans mission of HIV between such persons if either is an HIV infected person, the staff may recommend that such individual be required to submit to an HIV test. Where that recommendation is supported by the opinions of two physicians who have personally examined the individual sought to be tested within the preceding five days and who agree that there is reasonable cause to believe that such individual has committed or will commit an act in that facility with or to another person which will result in the exchange of body fluids between such persons and which could thereby, according to standards established by the department, result in the transmission of HIV between such persons if either is an HIV infected person, that individual may be required to submit to an HIV test without the consent of the individual, the spouse, next of kin, attorney, guardian, or any other person. In such cases, a record of the determination of the physicians shall be entered into the medical records of the patient and this will be proper consent for such HIV test and shall authorize the use of whatever degree of physical force is reasonably necessary to require the patient to submit to such test. Such consent will be valid notwithstanding the type of admission of the patient and it shall

WEDNESDAY, JANUARY 27, 1988

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also be valid whether or not the patient has been adjudged incompetent. Any physician, agent, employee, or official who obtains consent or relies on such consent, as authorized by this Code section, and who acts in good faith and within the provisions of this Code section shall be immune from civil or criminal liability for his actions in connection with the obtaining of or the relying upon such consent. Any physician, agent, employee, or official who is authorized under this Code section to recommend or determine that an individual submit to an HIV test shall not be civilly or criminally liable for failing or refusing to recommend or determine that such individual submit to such test. Actual notice of any action proposed to be taken pursuant to this Code section shall be given as soon as practicably possible to the patient and the representatives of the patient and may be given to any spouse, any guardian, and any attorney of the patient."
Section 9. Said title is further amended by adding after Code Section 37-4-123, relating to consent to medical treatment of mentally retarded persons, a new Code section to read as follows:
"37-4-123.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Where the staff of the facility in which a mentally retarded person has been accepted for habilitation determines that there is reasonable cause to believe that such individual has committed or will commit any act in that facility with or to another person which will result in the exchange of body fluids between such persons and which could thereby, according to standards established by the department, result in the trans mission of HIV between such persons if either is an HIV infected person, the staff may recommend that such individual be required to submit to an HIV test. Where that recommendation is supported by the opinions of two physicians who have personally examined the individual sought to be tested within the preceding five days and who agree that there is reasonable cause to believe that such individual has committed or will commit an act in that facility with or to another person which will result in the exchange of body fluids between such persons and which could thereby, according to standards established by the department, result in the transmission of HIV between such persons if either is an HIV infected person, that individual may be required to submit to an HIV test without the consent of the individual, the spouse, next of kin, attorney, guardian, or any other person. In such cases, a record of the determination of the physicians shall be entered into the medical records of the client and this will be proper consent for such HIV test and shall authorize the use of whatever degree of physical force is reasonably necessary to require the client to submit to such test. Such consent will be valid notwithstanding the type of admission of the client and it shall also be valid whether or not the client has been adjudged incompetent. Any physician, agent, employee, or official who obtains consent or relies on such consent, as authorized by this Code section, and who acts in good faith and within the provisions of this Code section shall be immune from civil or criminal liability for his actions in connection with the obtaining of or the relying upon such consent. Any physician, agent, employee, or official who is authorized under this Code section to recommend or determine that an individual submit to an HIV test shall not be civilly or criminally liable for failing or refusing to recommend or determine that such individual submit to such test. Actual notice of any action proposed to be taken pursuant to this Code section shall be given as soon as practicably possible to the client and the representatives of the client and may be given to any spouse, any guardian, and any attorney of the client."
Section 10. Said title is further amended by adding after Code Section 37-7-163, relating to consent to medical treatment of alcoholics and drug abusers, a new Code section to read as follows:
"37-7-163.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Where the staff of the facility in which an alcoholic, a drug dependent individual, or a drug abuser has been accepted for treatment determines that there is reasonable cause to believe that such individual has committed or will commit any act in that facil ity with or to another person which will result in the exchange of body fluids between

288

JOURNAL OF THE HOUSE,

such persons and which could thereby, according to standards established by the depart ment, result in the transmission of HIV between such persons if either is an HIV infected person, the staff may recommend that such individual be required to submit to an HIV test. Where that recommendation is supported by the opinions of two physi cians who have personally examined the individual sought to be tested within the pre ceding five days and who agree that there is reasonable cause to believe that such individual has committed or will commit an act in that facility with or to another person which will result in the exchange of body fluids between such persons and which could thereby, according to standards established by the department, result in the transmis sion of HIV between such persons if either is an HIV infected person, that individual may be required to submit to an HIV test without the consent of the individual, the spouse, next of kin, attorney, guardian, or any other person. In such cases, a record of the determination of the physicians shall be entered into the medical records of the patient and this will be proper consent for such HIV test and shall authorize the use of whatever degree of physical force is reasonably necessary to require the patient to submit to such test. Such consent will be valid notwithstanding the type of admission of the patient and it shall also be valid whether or not the patient has been adjudged incompetent. Any physician, agent, employee, or official who obtains consent or relies on such consent, as authorized by this Code section, and who acts in good faith and within the provisions of this Code section shall be immune from civil or criminal liability for his actions in connection with the obtaining of or the relying upon such consent. Any physician, agent, employee, or official who is authorized under this Code section to recommend or determine that an individual submit to an HIV test shall not be civilly or criminally liable for failing or refusing to recommend or determine that such indi vidual submit to such test. Actual notice of any action proposed to be taken pursuant to this Code section shall be given as soon as practicably possible to the patient and the representatives of the patient and may be given to any spouse, any guardian, and any attorney of the patient."
Section 11. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to conditions of penal detention generally, is amended by adding following Code Section 42-5-52 a new Code section to read as follows:
"42-5-52.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Where any person is committed to the custody of the commissioner to serve time in any penal institution of this state on and after July 1, 1988, the department shall require that person to submit to an HIV test within 30 days after the person is so committed unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15.
(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Depart ment of Human Resources under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15.
(d) Upon failure of an inmate to cooperate in HIV test procedures under this Code section, the superior court may issue an order authorizing the use of any degree of force reasonably necessary to complete such procedures. Nothing in this Code section shall be construed to limit the authority of the department to require inmates to submit to an HIV test.
(e) Any person determined by the department to be an HIV infected person, whether or not by the test required by this Code section, should be housed separately at existing institutions from any other persons not infected with HIV if:
(1) That person is shown to be sexually active while incarcerated;

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289

(2) That person is shown to be sexually predatory either during or prior to incar ceration; or
(3) The commissioner of corrections determines that other conditions or circum stances exist indicating that separate confinement would be in the best interest of the department and the inmate population, but neither the department nor any officials, employees, or agents thereof shall be civilly or criminally liable for failing or refusing to house HIV infected persons separately from any other persons who are not HIV infected persons."
Section 12. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Anno tated, relating to grants of pardons, paroles, and other relief, is amended by adding follow ing Code Section 42-9-42.1 a new Code section to read as follows:
"42-9-42.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) The board is authorized to obtain from any penal institution, with at least 60 days prior notice to that institution, and any such penal institution is authorized to pro vide the board with HIV test results regarding any person who applies or is eligible for clemency, a pardon, a parole, or other relief from a sentence or to require such person to submit to an HIV test and to consider the results of any such test in determining whether to grant clemency, a pardon, a parole, or other relief to such person. Test results obtained pursuant to the authority of this Code section may not be the sole basis for determining whether to grant or deny any such relief to such person, however. The board is further authorized to impose conditions upon any person to whom the board grants clemency, a pardon, a parole, or other relief and who is determined by an HIV test to be infected with HIV, which conditions may include without being limited to those designed to prevent the spread of HIV by that person."
Section 13. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to anatomical gifts, is amended by adding at the end thereof a new Code section to read as follows:
"44-5-151. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) Each health care facility, health care provider, blood bank, tissue bank, sperm bank, or other similar legal entity which procures, processes, distributes, or uses any human body part shall subject or have subjected such part, or the donor of such part, to an HIV test prior to making that body part available for use in the body of another human being. Any such body part thus determined to be infected with HIV and any body part the donor of which has thus been determined to be infected with HIV shall not be used in the body of another human being but shall be safely and promptly dis posed of or made available for medical research, as provided in the regulations of the Department of Human Resources.
(c) When any body part or the donor thereof has been determined to be infected with HIV pursuant to subsection (b) of this Code section, the person or legal entity which ordered the HIV test of the body part or donor thereof shall:
(1) If the donor is alive and the records of that person or legal entity reflect where the donor can be located, provide personal and confidential notification of such determination to the donor; or
(2) If the donor is deceased, provide confidential notification of such determination to any known physician of the donor, which physician shall have the sole discretion whether the person who executed the gift of the body part or any person at risk of being infected with HIV by the donor should be notified by that physician of such determination. (d) In a medical emergency constituting a serious threat to the life of a potential recipient of blood, if blood that has been subjected to the HIV test required under sub section (b) of this Code section is not available, the testing otherwise required under subsection (b) shall not be required regarding such blood. (e) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor."

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Section 14. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, the "Children and Youth Act," is amended by adding following Code Section 49-5-10 a new Code section to read as follows:
"49-5-10.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) When the court commits a delinquent or unruly child to the department for detention in a facility, including but not limited to a regional or state youth develop ment center, and any physician utilized by that facility personally examines that child and within five days following the examination determines in writing that there is reasonable cause to believe that such child has committed or will commit an act in that facility with or to another person which will result in the exchange of body fluids between such persons and which could thereby, according to standards established by the department, result in the transmission of HIV between such persons if either is an HIV infected person, such written determination shall be entered into the records of the child and shall constitute proper consent to subject that child to an HIV test. That child may then be required to submit to an HIV test without the consent of the child, the child's parent or guardian, or any other person. Any physician, agent, employee, or offi cial who obtains or relies on such consent as authorized by this subsection and who acts in good faith within the provisions of this subsection shall be immune from civil and criminal liability therefor.
(c) Any child required under this Code section to submit to an HIV test who fails or refuses to submit to that test shall be subject to such measures deemed necessary by the committing court or the department, including any degree of force reasonably neces sary, to subject that child involuntarily to an HIV test.
(d) Any child committed as a delinquent or unruly child to a detention facility of the department and determined by the department to be infected with HIV, whether or not by the test authorized by this Code section, shall be confined in the detention facility of the department separately from any other children in that facility other than those who have been determined to be infected with HIV."
Section 15. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relat ing to general provisions concerning torts, is amended by adding at the end thereof a new Code section to read as follows:
"51-1-40. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.
(b) An HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Engages in sexual intercourse or performs or submits to any sexual act involv ing the sex organs of one person and the mouth or anus of another person when such infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act;
(2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person's body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person's body and when that infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to such use; or
(3) (A) Knowingly commits any unconsented to act with or to another person whereby body fluids of one person come in contact with the body of the other person in such a manner as to contact any body fluids of that other person; or
(B) Knowingly commits any unconsented to act described in paragraph (1) or (2) of this subsection without regard to whether or not the fact of the infected person's being an HIV infected person is disclosed prior to the act, shall be liable in tort to that other person for damages resulting therefrom. (c) An HIV infected person who, after obtaining knowledge of being infected with HIV, donates any body fluid or tissue from that person's body without previously dis closing the fact of that infected person's being an HIV infected person to the person or

WEDNESDAY, JANUARY 27, 1988

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legal entity drawing, collecting, or storing that fluid or tissue shall be liable in tort for damages resulting therefrom to such person or legal entity and to any person into whose body such fluid or tissue is introduced."
Section 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted: Representative Hooks of the 116th moves to amend the Committee substitute to HB 1281 by striking from line 19, page 13, the following: "spouse at risk" and substituting the following:
"spouse or sexual partner".

An amendment offered by Representative Martin of the 26th was read and withdrawn.

The following amendments were read and adopted:
Representative Groover of the 99th moves to amend the Committee substitute to HB 1281 by inserting on lines 12 and 17, page 8, after the word "Knowingly" the words "and forcibly".

Representative Groover of the 99th moves to amend the Committee substitute to HB 1281 by striking sub-paragraph "C" of part 1, of subsection "x" on page 19 in its entirety.

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
Balkcom Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M Y Beck
Y Benefield N Benn Y Birdsong
Y Bishop Y Bostick Y Branch N Brooks N Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby
Y Cummings.B N Cummings,M N 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
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
Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M
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
Y Ramsey.T Y Ramsey.V N Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Y Ricketson 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 Y Smyre Y Snow Y Stancil
N Stanley Y Steinberg Y Stephens

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JOURNAL OF THE HOUSE,

Y Thomas.C
N Thomas.M Y Thompson N Thurmond
Y Tolbert

Y Towmend
Y Triplet! Y Twiggs Y Waddle
Y Waldrep

Y Walker.C
Y Walker.L Y Wall Y Ware
Y Watson

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

Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Heard of the 43rd 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 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.

THURSDAY, JANUARY 28, 1988

293

Representative Hall, Atlanta, Georgia Thursday, January 28, 1988

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 Alford Alien Athon
Atkins Bailey Balkcom Bannister Bargeron Barnett,B Barnett,M Beck Benefield
Benn
Birdsong Bishop Bostick Branch Brooks Brown Buck Buford Byrd Carrell Carter
Chambless Chance Cheeks Childers Clark,B Clark,H Clark.L

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

Hensley Herbert Holcomb Holmes Hooks Hudson Isakson Jackson.J Jackson.W Jamieson Johnson.D Johnson,R Kilgore Kingston Lane.D Lane.R Langford Lawrence Lawson Lee Linder
Long
Lord
Lupton
Mangum
Martin
McCoy McDonald
McKelvey
Meadows
Milam
Mobley
Moody

Moore Morton Mostiler Moultrie Mueller Oliver.C Oliver.M Orrock Padgett Pannell Parham Parrish Patten Peters Pettit Phillips Pittman Porter Powell Prichard Rainey
Ramsey.T
Ramsey.V
Ransom
Ray
Reaves
Redding Richardson
Ricketson
Robinson
Royal
Selman
Shepard

Sherrod Simpson Sinkfleld Sizemore Smith.L Smith.W Smyre Snow Stand] Stanley Steinberg Stephens Thomas.M Thompson Thurmond Tolbert Townsend Triplett Twiggs Waddle Waldrep
Wall
Ware
Watson
Watts
Wilder
Williams.B
Williams,J
Wilson
Wood
Workman
Yeargin
Murphy,Spkr

Prayer was offered by Dr. Lamar Harden, Pastor, Second Avenue Baptist Church, Rome, 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.

Pursuant to House Rule 58, Representative Ransom of the 90th moved that the Committee on Motor Vehicles be instructed to report back to the House with or without recommendation, the following Resolution of the House:

HR 80. By Representatives Ransom of the 90th, Foster of the 6th, Griffin of the 6th, Snow of the 1st, Godbee of the 110th and others:
A resolution encouraging the use of motor vehicle seat belts.

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JOURNAL OF THE HOUSE,

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

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

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

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

On the motion, the ayes were 24, nays 140. The motion was lost.

N Mostiler N Moultrie
Mueller N Oliver.C Y Oliver.M
N 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 N Ramsey.V NRandall
Y Ransom NRay N Reaves
Y Redding N Richardson N Ricketson N Robinson N Royal N Selman Y Shepard N Sherrod N Simpson N Sinkfield

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

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

THURSDAY, JANUARY 28, 1988

295

HB 1503. By Representatives Alford of the 57th, Waddle of the 113th, Heard of the 43rd, Jamieson of the llth, Hensley of the 20th and others:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Sur veyors and provide for its later termination.
Referred to the Committee on State Planning & Community Affairs.

HB 1504. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a resi dence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1505. By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and home stead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1506. By Representatives Green of the 106th, Floyd of the 154th, Foster of the 6th, Langford of the 7th, Moore of the 139th and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Anno tated, relating to the killing of deer which have no antlers visible, so as to change the provisions relating to antlerless or either-sex seasons or hunts.
Referred to the Committee on Game, Fish & Recreation.

HB 1507. By Representative Barnett of the 10th:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Anno tated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such materials to door windows or the rear windows of a motor vehicle.
Referred to the Committee on Motor Vehicles.

HB 1508. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to postsecondary vocational education and place them in a separate article; to make certain editorial corrections by changing references in the provisions relating to the quick start program from the State Board of Education to the State Board of Postsecondary Vocational Education.
Referred to the Committee on Education.

296

JOURNAL OF THE HOUSE,

HB 1509. By Representatives Oliver of the 53rd and Chambless of the 133rd:
A bill to amend Code Section 19-9-42 of the Official Code of Georgia Anno tated, relating to definitions relating to child custody, so as to change the definition of custody proceedings to include adoption proceedings and to change the definition of state to include foreign countries.
Referred to the Committee on Judiciary.

HB 1510. By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th, Thompson of the 20th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to provide that the Authority shall undertake a program for the control of pigeons within the Downtown Marietta District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1511. By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Secur ity Act.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1512. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Anno tated, relating to definitions relating to the Joint Municipal Employees Bene fit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offei retirement and employee benefits to employees of the authority; to change the definition of the term "employer".
Referred to the Committee on Retirement.

HB 1514. By Representatives Royal of the 144th, Sherrod of the 143rd, Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th and others:
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 that all tangible prop erty shall be appraised and assessed for ad valorem tax purposes solely on the basis of the value of the property under its existing use.
Referred to the Committee on Ways & Means.

HB 1515. By Representatives Buford of the 103rd and Ray of the 98th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant pro vide certain information to such claimant.
Referred to the Committee on Insurance.

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297

HB 1516. By Representatives Buford of the 103rd and Pinkston of the 100th:
A bill to amend Code Section 40-2-29.5 of the Official Code of Georgia Anno tated, relating to a special license plate for Macon Junior College, so as to change the name commemorated by such license plate.
Referred to the Committee on Motor Vehicles.
HB 1517. By Representative Groover of the 99th:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to change the provisions relating to interest on judgments; to provide for the accrual of interest on certain money judgments which are unsuccessfully appealed by the party obtaining the judgment.
Referred to the Committee on Judiciary.
HB 1518. By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1519. By Representative Groover of the 99th:
A bill to amend Code Section 45-9-42 of the Official Code of Georgia Anno tated, relating to insurance for persons authorized to operate vehicles by non profit agencies contracting with the Department of Human Resources, so as to change the definition of "nonprofit agencies" to include subcontractors involved in the delivery of services.
Referred to the Committee on Insurance.
HB 1520. By Representatives Pannell of the 122nd, Robinson of the 96th, Dunn of the 73rd, Lawson of the 9th, Williams of the 48th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to create the "Child Health Services Act".
Referred to the Committee on Insurance.

HR 664. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, McKelvey of the 15th, Wilder of the 21st and others:
A resolution authorizing the Georgia Building Authority to select a site on the grounds of the James H. "Sloppy" Floyd Veterans Memorial Building to erect the Vietnam Memorial.
Referred to the Committee on State Institutions & Property.

HR 665. By Representatives Dover of the llth, Kilgore of the 42nd, Lawler of the 20th and Milford of the 13th:
A resolution proposing an amendment to the Constitution so as to provide that the membership of the State Board of Education shall consist of one member from each congressional district in the state who shall be elected by the voters of each congressional district and who shall serve staggered terms of office of six years.
Referred to the Committee on Education.

298

JOURNAL OF THE HOUSE,

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 1532. By Representatives Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th and others:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1533. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others:
A bill to provide for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1534. By Representatives Hamilton of the 124th, Watson of the 114th, Sizemore of the 136th, Dover of the llth, Triplett of the 128th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for the determination of millage rates by counties, municipalities, school districts, and other political subdivisions; to provide for definitions; to provide for the certification of taxable values and millage rates by local tax officials.
Referred to the Committee on Ways & Means.

HB 1535. By Representatives Murphy of the 18th, Groover of the 99th, Walker of the 115th, Lee of the 72nd, Colwell of the 4th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, so as to require that certain leases of property by state authorities must be approved by the fiscal affairs subcommittees.
Referred to the Committee on Appropriations.

HB 1541. By Representatives Thompson of the 20th, Wilson of the 20th, Walker of the 115th, Pinkston of the 100th and Lee of the 72nd:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education so as to provide a method and procedure for saving funds to provide higher education to citizens of Georgia; to provide a short title.
Referred to the Committee on Ways & Means.

THURSDAY, JANUARY 28, 1988

299

HB 1543. By Representatives Walker of the 115th, Reaves of the 147th, Coleman of the 118th, Crawford of the 5th and Ramsey of the 155th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters for farm uses; to provide that such permits must by issued for farm uses occurring prior to the effective date of this Act when applications relating thereto are submitted prior to July 1, 1991.
Referred to the Committee on Natural Resources & Environment.

HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Manner of the 131st and others:
A resolution naming the "George T. Bagby State Park".
Referred to the Committee on State Institutions & Property.

HR 697. By Representatives Thompson of the 20th, Holmes of the 28th, Wilson of the 20th, Walker of the 115th and Pinkston of the 100th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the issuance of general obligation bonds, as college savings bonds so as to provide individuals with investment alternatives to enhance their financial access to higher education and to pro vide by law for the procedures and conditions and limitations under which such bonds shall be issued.
Referred to the Committee on Ways & Means.

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

HB 1447 HB 1448 HB 1449 HB 1450 HB 1451 HB 1452

HB 1472 HB 1473 HB 1474 HB 1475 HB 1476 HB 1477

HB ^454 tHmB i1/4ic5c5
HR
HR
HB LHJBO i14A 5en9 HH HtHHrRBRBBa 1l1-i1IA/4A4i4fbfC6biiO-fo2Ill HHBB 11446634
HB 1465 HB 1466
HB 1467
HB 1468 HB 1469
HB 1470 HB 1471

TMTM
HB 1481
HB 1482 HunB 1ix4n83. H H",,HH,,"RRBB 1.1,1".O44,,.. 88,,aO,740,, TM TM JJ4!8Z8 HB 1489 HB 149 HB 1491 HB 1492 HB 1493 HB 1494 HB 1496

300

JOURNAL OF THE HOUSE,

HB 1497 HB 1498 HB 1499 HB 1500 HB 1501 HB 1502 HB 1513 HR 657 HR 658 HR 659

HR 660 HR 661 HR 663 SB 409 SB 411 SB 412 SB 413 SB 417 SB 419 SB 435

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1169 Do Pass, by Substitute HB 1214 Do Pass HB 1215 Do Pass HB 1239 Do Pass HB 1348 Do Pass, as Amended

HB 1349 Do Pass HB 1377 Do Pass HB 1217 Do Pass, as Amended HB 1371 Do Pass, as Amended

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 House and has instructed me to report the same back to the House with the following recommendations:
HB 1163 Do Pass, as Amended HB 1335 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
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 Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1327 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman

THURSDAY, JANUARY 28, 1988

301

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1421 Do Pass HR 628 Do Pass HR 652 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HB 1421.

By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others:
A bill to amend the charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to change the provisions relating to the Board of Tax Assessors for the consolidated government.

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

HR 628. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd, Triplett of the 128th and Pannell of the 122nd:
A RESOLUTION
Creating the Study Committee on Property Assessment in Chatham County; and for other purposes.
WHEREAS, ad valorem property taxes provide a majority of local government reve nues for the cities and counties of the State of Georgia; and
WHEREAS, it is essential that all forms of taxation be administered on a fair and equitable basis; and
WHEREAS, the valuation of property for ad valorem tax purposes must reflect the constantly changing factors which influence the value of such property; and
WHEREAS, a study of the property assessment procedures in Chatham County would be beneficial in providing members of the House of Representatives and local officials with information concerning this topic.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Study Committee on Property Assessment in Chatham County to be composed of three members of the Chatham County delegation in the House of Representatives to be appointed by the Speaker of the House, one representative from

302

JOURNAL OF THE HOUSE,

the Chatham County tax assessor's office to be appointed by the Board of Commissioners of Chatham County, one member of the Board of Commissioners of Chatham County to be appointed by such board, one citizen of Chatham County to be appointed by the three members of the House of Representatives appointed to the committee, and one citizen of Chatham County to be appointed by the Board of Commissioners of Chatham County. The Speaker of the House shall designate one of the members of the House 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 no expenses or allowances for services on the committee. In the event the committee makes a report of its findings and recommendations, with sugges tions for proposed legislation, if any, such report shall be made on or before December 31, 1988. The committee shall stand abolished on December 31, 1988.

STATE OF GEORGIA CHATHAM COUNTY

Affidavit of Publication x Savannah Morning News _ Savannah Evening Press

Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says:
That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county;
That he is authorized to make affidavits of publication on behalf of said published corporation;
That said newspaper is of general circulation in said county and in the area adjacent thereto;
That he has reviewed the regular editions of the Savannah Morning News/ Savannah Evening Press, published on Dec. 12, 1987, and finds that the following Advertisement, to-wit:

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill and/or resolution providing for the creation of the Chatham County Study Committee on property tax assessments.

The 12th day of December, 1987.

Roy L. Alien, Jr.

appeared in each of said editions.

/s/ Gene Stewart (Deponent)

Sworn to and subscribed before me this 15 day of Dec., 1987. (SEAL)

/s/ Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

THURSDAY, JANUARY 28, 1988

303

On the adoption of the Resolution, the ayes were 110, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 652. By Representatives Hamilton of the 124th, Pannell of the 122nd, Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and Kingston of the 125th:
A RESOLUTION
Creating the Chatham County Homestead Exemption Study Commission; and for other purposes.
WHEREAS, ad valorem taxes on real property levied by a county, a municipality, and a school district are the principal means of producing the necessary revenues for county, municipal, and school district operational expenses; and
WHEREAS, such ad valorem taxes are assessed against all parcels of real property in the county; and
WHEREAS, while property values in Chatham County have steadily increased, the homestead exemptions available to residential property owners have not been increased in some time, resulting in ever greater tax burdens on the homeowners of the county.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Chatham County Homestead Exemption Study Commission is created to consist of two members of the House of Representatives appointed by the Speaker of the House; one member of the Senate to be appointed by the President of the Senate; the president of the Board of Public Education for the City of Savannah and the County of Chatham, the chairman of the Board of Commissioners of Chatham County, and the mayor of the City of Savannah, or their designees; the Chief Tax Assessor of Chatham County; the Tax Commissioner of Chatham County; and two residents of Chatham County to be appointed by the Chatham County legislative delegation. All members shall be appointed by May 1, 1988. The Speaker of the House shall designate one of his appointees as a cochairman, and the President of the Senate shall designate his appointee as a cochairman. The cochairmen may jointly preside at meetings of the commission or may alternate presiding or may designate either one as the presiding officer for all or any number of meetings. In the absence of one cochairman, the other shall preside at a meet ing of the commission. The cochairmen shall call the organizational meeting of the commission. At such meeting, the commission shall elect from its own membership such additional officers as may be necessary or convenient.
BE IT FURTHER RESOLVED that all members of the commission shall serve with out compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet for such number of times and at such places as may be necessary to carry out its duties under this resolution.
BE IT FURTHER RESOLVED that the commission may make a study of ad valorem taxation in Chatham County. In making its study the commission may study past and pro posed budgets for Chatham County, the City of Savannah, and the Board of Public Edu cation for the City of Savannah and the County of Chatham, and such other information relative to taxation as the commission may find appropriate.
BE IT FURTHER RESOLVED that Chatham County, the City of Savannah, and the Board of Public Education for the City of Savannah and the County of Chatham, and their officials, departments, and agencies shall cooperate fully with the commission by pro viding such information, documents, and assistance as the commission may reasonably require in carrying out its duties under this resolution.

304

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the commission shall complete its study and issue its report and recommendations, if any, by December 15, 1988. The commission's report and recommendations shall be sent to the Governor, to the members of the General Assembly, and to the members of the governing body of Chatham County. The commission shall stand abolished on December 31, 1988.

STATE OF GEORGIA CHATHAM COUNTY

Affidavit of Publication x Savannah Morning News
Savannah Evening Press

Personally appeared before me, Gene Stewart, to me known, who being sworn, deposes and says:
That he is the Assistant Gen. Manager of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county;
That he is authorized to make affidavits of publication on behalf of said published corporation;
That said newspaper is of general circulation in said county and in the area adjacent thereto;
That he has reviewed the regular editions of the Savannah Morning News/ Savannah Evening Press, published on Jan. 20, 1988, and finds that the following Advertisement, to-wit:

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 1988 session of the General Assembly of Georgia a bill to create the Chatham County Homestead Exemption Study Commission; to provide the membership, terms, and duties of the commission; to provide for all related matters; and for other purposes.

This 18th day of January, 1988.

DeWayne Hamilton

appeared in each of said editions.

M Gene Stewart (Deponent)

Sworn to and subscribed before me this 20 day of Jan., 1988. (SEAL)

Diane M. Strickland Notary Public, Chatham County, Georgia My Commission Expires Apr. 28, 1989

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

THURSDAY, JANUARY 28, 1988

305

SR 247. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection.

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

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.

HB 1186.

By Representative Mobley of the 64th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to change the compensation of such mem bers to the amount authorized by general law for members of boards of edu cation.

HB 1188. By Representative Barnett of the 10th:
A bill to amend the local Act creating and establishing a civil service system in Forsyth County for employees of Forsyth County, so as to provide for the exemption of certain personnel from membership in the Forsyth County Civil Service System.

HB 1211. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to change the composition and method of election of the Board of Education of Appling County.

HB 1242.

By Representatives Shepard of the 71st, Mostiler of the 75th, Ware of the 77th and Meadows of the 91st:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenue in the county of Coweta," so as to provide for a special election by the qualified voters of respective road districts to fill vacanies which shall occur on the board of commissioners.

SB 334. By Senator Brannon of the 51st:
A bill to add one additional judge of the superior court for the Appalachian Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date.

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

306

JOURNAL OF THE HOUSE,

SB 334. By Senator Brannon of the 51st:
A bill to add one additional judge of the superior court for the Appalachian Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date.
Referred to the Committee on Judiciary.

SR 247. By Senators Broun of the 46th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to remove the Attorney General from the commission which reviews felony indictments against certain public officials and from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Rules.

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

HR 666. 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 the Morrow High School varsity football team and inviting Coach Bud Theodocion to appear before the House of Representa tives.

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

HB 1212.

By Representative Buck of the 95th:
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 Peace Offi cers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pen sion Fund for the inclusion in the health insurance plan of employees of such funds 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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adama.M Y Aiken
Y Alford Alien
Y Athon Y Atkina
Y Bailey Y Balkcom

Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
Y Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick

Y Branch Y Brooks Y Brown Y Buck
Y Buford Y Byrd Y Carrell Y Carter
Y Chambless Y Chance

Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell Y Couch

Y Cox Y Crawford Y Crosby Y Cummings,B
Y Cummings.M Y Davis.G
Davis.M Dhton
Y Dobbs Y Dover

THURSDAY, JANUARY 28, 1988

307

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 Heard
Y Hensley Y Herbert Y Hokomb 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 Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows

Y Milam Milford
Y Mobley Moody
Y Moore
Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard Y Rainey

Y Ramsey.T Y Ramsey.V Y Randflll
Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Y Smith.L Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stand)
Stanley Y Steinberg

Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert
Townsend Y Triplett Y Twiggs
Waddle
Y WaUrep Walker.C
Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1267. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Walker of the 115th:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, P. 1497), so as to change certain appropriations for the State Fiscal Year 1987-1988; 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:

An Act providing appropriations for the State Fiscal Year 1987-1988, known as the "General Appropriations Act," approved April 20, 1987 (Ga. L. 1987, P. 1497), is amended by striking everything following the enacting clause through Section 79 and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, reserves and a revenue estimate of $5,934,138,339.94 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..............

20,439,128 9,290,054
3,487,847 1,363,890
118,800 6,000 0

308

JOURNAL OF THE HOUSE,

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........................................ Expenses Reimbursement Account. Capital Outlay .................................... Total Funds Budgeted....................... State Funds Budgeted.......................

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 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

THURSDAY, JANUARY 28, 1988

309

said space as compared to the space requirements for full-time state agencies and depart ments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provi sions 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...................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

11,917,096 9,810,426
300,000 785,000 108,500 28,700 15,000
9,000 435,013 366,857 58,600 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 ..................................................................$ Council of Superior
Court Judges................................................................................! Judicial Administrative
Districts.........................................................................................! Habeas Corpus Clerk......................................................................!

33,664,947 32,057,683
667,787 117,789
71,399
735,289 15,000

Section 6. Juvenile Courts.

310

JOURNAL OF THE HOUSE,

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..............................................................! Council of Magistrate Court Judges ............................................$ Council of Probate Court Judges..................................................! Council of State Court Judges ......................................................$
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission..............................................................!
PART III. EXECUTIVE BRANCH
Section 10. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services .........................................$
Administrative 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...........................................................................!

289,331
467,268 376,250 91,018
803,075 629,565
98,900 25,110 20,000 20,000 9,500
106,000
38,427,229 38,695,477 7,589,964
249,800 299,500 153,000 1,878,085 8,503,650 3,285,442 622,260 414,400 16,356,200 31,100 273,800 1,959,300
31,400,121 10,032,800
608,800

THURSDAY, JANUARY 28, 1988

311

Health Planning Review Board Operations.................................
Georgia Golf Hall of Fame Operations .................................
Grants to Counties and Municipalities ...........................
Total Funds Budgeted................. State Funds Budgeted.................

50,000
30,000
6,800,000 129,233,699 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
10,516,040 2,535,892
611,621
506,856 46,502,487 2,656,834 38,403,480 5,048,938
1,328,550 566,561
1,573,974 129,233,699

352,751 2,227,126
14,329,604
0 2,535,892
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................................................................................................! 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....................................................................!

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

1,983,265

312

JOURNAL OF THE HOUSE,

Custodial

4,613,084

0

Maintenance

4,808,318

0

Security

4,637,825

0

Van Pool

191,236

0

Sales

3,980,929

0

Administration

10,843,088

0

Railroad Excursions

667,997

0

Hazardous Materials Agency

234,000

0

Total

31,959,742

0

Section 11. 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.......................................................................! Payments to Georgia Agrirama Development Authority for Operations....................................................................................! 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....................................................................!

33,489,616
27,130.051 2,516,656
877,000 649,875 684,000 1,024,593 450,657 730,920 380,099 342,136 600,000
2,141,160
2,321,603 547,000 91,000 75,000 155,000
430,651
665,000 30,000
60,000 50,000
0 41,952,401 33,489,616

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration

4,282,707 7,038,685 1,619,448 3,592,372 4,200,199

3,840,614 6,667,125 1,613,401 3,592,372 4,107,055

THURSDAY, JANUARY 28, 1988

Information and Education Fuel and Measures Consumer Protection
Filed Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

$

1,380,188

!

3,162,083

$

5,720,655

$

4,142,024

!

4,574,586

!

323,685

$

1,915,769

!

41,952,401

B. Budget Unit: Georgia Agrirama Development Authority.........
Georgia Agrirama Development Authority 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...................... Capital Outlay ................................................. Goods for Resale ............................................. Total Funds Budgeted.................................... State Funds Budgeted....................................
Section 12. Department of Banking and Finance.
A. 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....................................
Section 13. 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.....................................

313
1,380,188 3,155,083
4,507,198 1,715,476 1,100,638
0 1,810,466 33,489,616
431,567 115,804
4,850 0
10,425 15,921
0 0 9,950 30,025 220,800 74,150 913,492 0
5,328,257
4,390,709 206,000 321,198 40,000 13,000 15,900 128,950 175,500 35,000 2,000
5,328,257 5,328,257
17,630,043
4,443,756 136,668 171,915 7,500 92,945 18,121

314

JOURNAL OF THE HOUSE,

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)............................. Special Investment Grants ............... Georgia Residential Finance
Authority......................................... Economic Development Grants........ Georgia Environmental
Facilities Authority........................ Total Funds Budgeted....................... State Funds Budgeted.......................

25,988 364,068 55,671 99,573 85,000
1,400,000 10,208,500
139,000
30,000,000 650,000
590,500 120,000
384,844 48,994,049 17,630,043

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

$

13,650,626

$

1,365,366

$

32,836,733

$

1,141,324

$

48,994,049

13,593,626

$

1,182,608

1,882,520 971,289
17,630,043

Section 14, 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 ............................................................ County Costs................................................... County Subsidy.............................................. Court 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..................................

273,298,436 189,347,982 22,716,258
1,240,761 1,462,600
284,000 6,171,036 1,012,088 2,800,914 2,285,750 1,503,437 2,292,000 8,356,400
350,000 10,355,000 6,468,438
3,600,000 600,000 600,000
2,942,150
1,495,480

THURSDAY, JANUARY 28, 1988

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.................

Departmental Functional Budgets

Total Funds

General Administration and Support
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 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

12,303,348
26,808,411 1,696,587
1,720,286 9,047,550
9,773,460 18,305,899 18,314,439
21,886,299
3,607,562
3,274,989
4,238,392
4,542,928 14,032,059
769,384 14,325,992 6,014,773
3,590,926 4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380

315
300,000 1,035,000 12,849,543
47,749
262,900 75,378
0 20,000 280,474,864 450,000
0 273,298,436
State Funds
11,853,348
26,594,911 1,652,043
1,720,286 9,047,550
9,773,460 18,305,899 18,234,439
21,886,299
3,607,562
3,274,989
4,238,392
4,542,928 14,032,059
0 14,122,404 6,014,773
3,590,926 4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380

316

JOURNAL OF THE HOUSE,

Federal Grants

$

Probation Administration

$

Probation Field Services

$

Probation Diversion and

Detention Centers

$

Total

$

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..............................

C. Budget Unit: Georgia Correctional Facilities ............................

Personal Services....................................... Regular Operating Expenses................... Travel.......................................................... Motor Vehicle Equipment Purchases.... Publications and Printing........................ Equipment Purchases.............................. Computer Charges..................................... Real Estate Rentals................................. Telecommunications................................. Per Diem, Fees and Contracts............... Cost of Sales ............................................. Repayment of Prior Year's
Appropriations...................................... Capital Outlay.......................................... Total Funds Budgeted............................. State Funds Budgeted.............................

Section 15. Department of Defense. A. 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 - EMA (P&A) M/S....

0 855,489 36,522,141
8,190,083 280,474,864

0 855,489 32,422,141
6,874,671 273,298,436
18,443,828
14,984,561 447,841 438,100 117,000 58,000 221,219 134,500
1,044,982 381,500 96,000 520,125
18,443,828 18,443,828
0
3,321,211 1,130,900
67,000 107,000
9,200 517,500
2,150 71,355 89,500 320,000 7,800,000
84,000 365,000 13,884,816 13,884,816
4,472,476
7,143,125 1,824,344
72,150 50,000 43,550 80,725 9,350 8,200 81,730 171,844 1,721,870 1,049,400

THURSDAY, JANUARY 28, 1988

317

Grants - Others................................................................................$ Georgia Military Institute Grant..................................................$ Civil Air Patrol Contract ...............................................................? Capital Outlay .................................................................................$ Grants to Armories .........................................................................$ Repairs and Renovations ...............................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

42,000
18,000
42,000
0
535,000 75,000 12,968,288 4,472,476

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

2,303,646
1,899,050 3,217,161 5,548,431 12,968,288

1,167,014
907,239 427,045 1,971,178 4,472,476

Section 16. State Board of Education Department of Education.
A. Budget Unit: Department of Education .................................................................$
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.............................................................................................? 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....................................................................................? Mid-Term Adjustment...................................................................? Pupil Transportation......................................................................? Isolated Schools...............................................................................? Local Fair Share..............................................................................?
Other Categorical Grants: Equalization Formula.....................................................................? Sparsity Grants................................................................................?

2,234,495,340
36,822,815 3,579,981 1,487,400
80,000 658,564 527,124 7,023,713 2,208,962 694,700 14,770,044 991,609 250,000
559,731,932 473,386,212 244,207,941 69,273,939
81,119,399 152,243,958 16,467,148 21,975,900
7,370,037 23,027,563 77,663,411 417,072,368 29,962,782 100,700,399
936,193 (381,072,432)
101,896,110 1,982,515

318

JOURNAL OF THE HOUSE,

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...............................................................................! 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 & O....................................................................$ 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......................................................................................! Program for the Handicapped
0 to 2 years old............................................................................! Innovative Programs.......................................................................!
Technology Grants..........................................................................!

0 1,000,000 3,000,000
188,694
77,736,092
1,700,000
24,850,905
1,895,143 28,488,153 121,090,490 21,402,822
5,460,238
5,813,142
2,419,218 18,743,748
2,581,128 913,920
1,117,000 2,860,000
366,540 4,772,348
8,539,061 4,424,861
746,975 3,497,926
0
0
78,000,000
14,261,645
10,457,937
13,657,800
0 548,000 500,000

THURSDAY, JANUARY 28, 1988

319

Limited English - Speaking Students Program .......................................................................$
Prepaid Teachers' Retirement ......................................................$ Removal of Architectural Barriers
(Federal) .......................................................................................$ Drug Free Schools (Federal) .........................................................? Transition Program for Refugee
Children ........................................................................................$ Emergency Immigrant Education
Program ........................................................................................$ Robert C. Byrd Scholarships
(Federal).......................................................................................? Natural History Museum at Fernbank........................................$ Total Funds Budgeted....................................................................? Indirect DOAS Services
Funding.........................................................................................! State Funds Budgeted....................................................................?

250,000 7,348,486
888,439 2,541,012
180,784
114,169
184,500 100,000 2,539,681,463
340,000 2,234,495,340

Education Functional Budgets

Total Funds

State Funds

Instructional Programs Governor's Honors Program Standards and Assessments Special Services State Administration Administrative Services 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

$

16,929,370

$

907,728

$

11,933,121

$

3,823,599

$

3,031,964

$

16,797,316

$

224,831

$

494,176

$ 2,470,586,551

$

4,016,541

$

6,578,202

4,358,064 $ 2,539,681,463

$

8,031,714

844,671

11,262,174

2,487,710

2,630,463

12,450,126

224,831

494,176 2,181,761,976

3,873,335 6,372,735

4,061,429 2,234,495,340

Section 17. 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....................................................................?

1,600,000
740,000 12,000 7,500 0 22,000 1,000 174,000 101,000 12,000 555,000 65,000
1,600,000 0
3,289,500 1,600,000

320

JOURNAL OF THE HOUSE,

Section 18. 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.....................................................................!
Ware County Grant for Southern Forest World................................................................................!
Ware County Grant for Road Maintenance.................................................................................!
Wood Energy Program...................................................................! Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

32,732,030
24,986,730 6,172,548
145,415 1,571,112
88,000 3,678,745
149,091 29,928 686,135 420,871 250,000
300,000
30,000
60,000 51,500 1.404,100 40,024,175 32,732,030

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

5,257,468

$

31,959,132

$

51,500

$

2,756,075

!

40,024,175

$

1,024,016

$

28,907,439

$

51,500

!

2,749,075

$

32,732,030

Section 19. 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.........................................................!

30,036,870
21,068,876 1,999,529
600,075 811,000 119,845 574,000 857,000 1,775,757 1,398,841 40,000 479,000 93,000 73,000 146,947 30,036,870 30,036,870

THURSDAY, JANUARY 28, 1988

321

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Total

$

2,988,153

$

5,859,937

$

10,029,995

$

5,494,699

$

24,372,784

2,988,153 5,859,937 10,029,995
5,494,699 24,372,784

Forensic Sciences 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................................................................ Utilities ............................................................... Total Funds Budgeted...................................... Total State Funds Budgeted...........................

4,456,586 477,900 39,000 77,000 8,000 241,000 140,000 0 117,000 19,000 48,600 5,000 35,000
5,664,086 5,664,086

Section 20. 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
1,037,718 31,100 9,000 0 I,200 3,000 12,000 99,344 II,000 115,000
1,319,362 0

Section 21. 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 .......................

16,937,589 8,086,858
290,640 176,879
0 152,729 83,509 133,300 638,439 194,132 60,758,290

322

JOURNAL OF THE HOUSE,

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 Grants - State Funds. Total Funds Budgeted..................... State Funds Budgeted.....................

Functional Budgets

Total 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 Vocational Education Advisory
Council Consumers' Utility Council Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Growth Strategies Commission Human Relations Commission Total

$

5,306,891

$

752,652

$

4,093,733

$

3,498,826

$

1,909,650

$

59,508,656

$

342,497

$

511,834

$

580,293

$

1,791,949

$

265,129

$

180,000

$

31,981

$

78,774,091

Section 22. 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...............

2,613,891 40,000
2,500,000 153,000
2,500,000 402,424 50,000
78,774,091 16,937,589
State Funds
5,306,891
691,439
3,991,152 2,960,581 1,909,650
313,239
167,630 511,834
391,293
216,770
265,129 180,000 31,981 16,937,589
397,439,183
45,657,983 2,204,440 1,286,100
0 272,941 565,287 2,689,935 4,579,748 932,329 36,524,251 290,700 899,288
0
0
7,235,000 7,170,574

THURSDAY, JANUARY 28, 1988

323

Special Purpose Contracts................... Total Funds Budgeted.......................... Indirect DOAS Services Funding State Funds Budgeted..........................

.$

215,000

.$

110,523,576

.$

638,300

$

48,597,826

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Support Services 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 Aging State Health Planning and Development Agency Total

$

757,303

$

1,178,302

$

302,836

$

8,485,265

$

2,870,264

$

0

$

4,736,274

$

473,034

$

497,862

$

1,561,735

$

4,873,344

$

1,857,762

$

517,040

$

7,170,574

$

449,249

$

9,338,344

$

689,251

$

2,218,790

$

791,704

$

2,842,518

$

386,617

$

728,811

$

4,329,522

$

17,110,929

$

35,184,534

$

1,171,712

$ 110,523,576

$

757,303

$

1,178,302

$

302,836

$

8,442,739

$

2,657,664

$

(5,835,954)

$

3,407,539

$

473,034

$

497,862

$

1,561,735

$

4,673,344

$

1,857,762

$

517,040

$

6,818,666

$

133,579

$

0

$

689,251

$

2,198,790

$

463,935

$

781,705

$

386,617

$

538,828

$

272,973

$

2,290,490

$

12,413,074

$

1,118,712

$

48,597,826

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.................................................. Children's Medical Services Clinics .

$

38,888,757

$

50,862,844

$

1,056,873

$

20,000

$

318,995

$

405,554

$

993,281

$

668,180

$

587,850

$

16,977,125

...$

0

$

86,410

$

559,000

324

JOURNAL OF THE HOUSE,

Grants for Regional Intensive Infant Care........................
Grants for Regional Maternal and Infant Care................
Midwifery Program Benefits ............... Children's Medical Services Benefits.. Kidney Disease Benefits ...................... Cancer Control Benefits....................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants......................................
Family Planning Benefits.................... Grants-In-Aid to Counties................... Purchase of Service Contracts ............ Special Purpose Contracts................... Total Funds Budgeted.......................... Indirect DOAS Funding....................... State Funds Budgeted..........................

Public Health Functional Budgets

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 Grants in Aid to Counties Community Health Management

Total Funds

$

698,995

$

327,570

$

1,170,290

$

1,981,216

$

648,182

$

764,546

$

1,907,366

$

1,904,541

$

469,330

$

1,515,840

$

1,284,709

$

10,283,550

$

8,412,706

$

201,445

$

9,751,335

$

53,135,760

$

1,659,801

$

11,381,296

$

1,334,123

$

628,316

$

3,454,168

$

967,710

$

4,688,115

$

2,563,665

$

9,458,853

$

1,239,337

$

1,157,366

$

7,597,022

$

50,525,054

$

2,220,096

4,936,795
2,055,000 1,830,000 7,142,000
400,000 2,532,000
5,299,000 302,000
53,220,094 562,000
6,345,000 196,048,758
549,718 115,362,425

State Funds

$

501,770

$

292,570

$

1,085,290

$

1,882,088

$

425,364

$

736,631

$

1,377,366

$

851,462

$

0

$

260,012

$

1,284,709

$

4,523,730

$

8,266,652

$

0

$

4,931,351

$

0

$

1,449,626

$

9,169,353

$

1,334,123

$

628,316

$

3,454,168

$

428,938

$

4,563,115

$

1,403,362

$

9,329,178

$

827,387

$

1,157,366

$

7,597,022

$

45,193,902

$

1,322,580

THURSDAY, JANUARY 28, 1988

325

Community Care Total

2,716,455 196,048,758

1,084,994 115,362,425

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 Funding............... State Funds Budgeted..................

58,871,401 12,116,804
773,769 137,000 129,100 948,308 1,745,956 2,505,650 1,469,410 5,389,617 1,088,200
0 485,680
30,700 20,652,000
50,000 312,000 5,778,156 112,483,751 100,000 21,448,515

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 Diversified Industries
of Georgia District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$

3,498,823

$

642,427

J

7,669,344

$

16,462,140

J

14,834,937

if

28,995,901

J

1,012,901

5

32,229,452

5

461,243

5

1,160,427

5

5,106,256

3

409,900

3

112,483,751

1,504,494 530,225
1,538,369
4,118,593
577,338 0
0 6,860,280
261,243 541,817 5,106,256 409,900 21,448,515

4. Family and Children Services Budget:
Personal Services.................................... Regular Operating Expenses ................ Travel....................................................... Motor Vehicle Equipment Purchases. Publications and Printing..................... Equipment Purchases............................ Computer Charges..................................

13,063,819 368,970 397,600 0 909,158 104,181
14,190,236

326

JOURNAL OF THE HOUSE,

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

Refugee Programs AFDC Payments SSI - Supplement 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

Total Funds

$

1,408,000

$ 256,818,238

$

4,000

$

12,978,058

$

44,563,531

$

69,216,101

$

41,115,982

$

6,099,507

$

3,100,000

$

818,867

$

3,780,764

$$

3,580,239 5,340,927

$

16,711,307

$$

2,149,146 0

$

1,629,230

$$

1,325,000 18,888,840

$ $$$$

1,919,914 485,700
2,759,300 18,102,680
150,000

$$

737,000 1,040,227

$

2,777,456

$

1,588,643

519,088,657

Mental Health/ ardation Youth Services and Institutions

226,015 8,308,824
933,300 9,100
1,161,830 270,354,296
162,583,764 43,174,233 3,303,331 519,088,657
2,339,882 212,030,417

State Funds

$

0

$

91,466,684

$

4,000

$

0

$

23,442,281

$

34,576,066

$

20,909,385

$

5,518,107

$

0

$

818,867

$

3,187,639

$

3,580,239

$

2,031,143

$

6,577,265

$

2,114,102

$ (8,799,001)

$

946,443

$

1,100,000

$

12,397,563

$

1,443,769

$

280,757

$

2,226,704

$

3,285,528

$

48,816

$

233,836

$

1,035,627

$

2,612,456

$

992,141

$ 212,030,417

418,008,160

THURSDAY, JANUARY 28, 1988

327

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...................................................................! Community Mental Health Center Services............................................................................! Total Funds Budgeted....................................................................! DOAS Indirect Funds.....................................................................! State Funds Budgeted....................................................................!

334,356,738 32,422,886
911,958 377,895 165,908 3,831,752 4,261,035 656,487 2,793,125 34,193,581 14,396,011 266,400 876,890 2,119,055
1,733,056
1,941,430
1,102,000
91,656,730
11,857,717
74,549,814 614,470,468
2,404,100 418,008,160

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 Regional Youth Development
Centers State Youth Development
Centers Court Services

33,641,497 28,781,419
23,903,096
18,813,434
24,646,999
27,328,750 114,862,729
21,569,851
43,140,167
18,889,023
16,313,462
21,874,220 9,577,827

22,348,749 14,504,726
20,884,071
16,025,816
18,753,112
21,117,501 79,843,389
18,183,434
22,820,892
15,122,278
15,908,462
21,257,360 9,577,827

328

JOURNAL OF THE HOUSE,

Community Treatment Centers

$

Day Care Centers

$

Group Homes

$

Purchased Services

$

Runaway Investigation/

Interstate Compact

$

Assessment and

Classification

$

Youth Services - Program

Direction and Support

$

Outdoor Therapeutic Program

$

Mental Health

Community Assistance

$

Mental Retardation

Community Assistance

$

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

$

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

$

Total

$

Section 23. Department of Industry and Trade.
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........................................................

2,394,686 810,795 620,408
2,843,245
608,334
369,439
1,872,471 1,967,766
8,019,997
3,126,079
68,719,489 11,554,686
587,394 386,609 1,102,000
74,549,814 361,376
1,652,922
262,890 303,031
3,521,190
17,744,582
73,200 46,347 7,629,244
0 614,470,468

2,394,686 810,795 620,408
2,800,824
608,334
369,439
1,805,081 1,815,486
8,019,997
2,322,418
34,012,869 7,251,642
573,148 223,609 1,102,000
32,441,225 361,376
1,358,922
262,890 303,031
3,204,945
12,685,504
73,200 46,347 6,575,373 (383,006) 418,008,160
16,551,467
6,300,845 969,000 316,000 18,000 340,000 82,000 184,500 538,700 210,000 464,000 186,000

THURSDAY, JANUARY 28, 1988

329

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............................................................................? Southern Center for
International Studies..................................................................? State Treasury Payments - Ports
Authority......................................................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

200,000
4,675,000
2,745,000
80,000
25,000
50,000 35,000
0
53,000
25,000
12,187,079 0
29,684,124 16,551,467

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development
Tourism Total

?

17,855,392

?

4,653,462

?

7,175,270

?

29,684,124

?

4,852,735

?

4,623,462

?

7,075,270

?

16,551,467

Section 24. Office of Commissioner of Insurance
Budget Unit: Office of Commissioner of Insurance.............................................................?
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....................................................................?

9,463,169
8,625,783 389,500 237,500 13,000 140,500 66,067 377,101 525,718 152,400 101,500
10,629,069 9,463,169

Office of Commissioner of Insurance

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Information and Enforcement

?

1,384,886

$

2,622,351

?

545,494

?

1,745,800

?

1,384,886

?

2,516,366

?

545,494

?

1,745,800

330

JOURNAL OF THE HOUSE,

Fire Safety and Mobile Home Regulations
Total

4,330,538 10,629,069

3,270,623 9,463,169

Section 25. Department of Labor. Budget Unit: Department of Labor.......... State Operations:
Personal Services................................... Regular Operating Expenses............... Travel...................................................... Publications and Printing.................... Equipment Purchases........................... Computer Charges................................. Real Estate Rentals.............................. Telecommunications ............................. Per Diem, Fees and
Contracts (JTPA).............................. Per Diem, Fees and Contracts ............ Capital Outlay....................................... Payments to State
Treasury.............................................. Total Funds Budgeted.......................... State Funds Budgeted..........................

5,765,174
59,920,440 9,375,901 1,167,655
65,582 449,000 3,216,570 2,453,694 1,601,283
61,002,822 471,500
2,500,000
400,000 142,624,447
5,765,174

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Programs Total

2,981,784 17,951,559
121,691,104 142,624,447

!

1,047,211

!

2,118,883

!

2,599,080

$

5,765,174

Section 26. 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....................................................................!

7,529,594
6,589,251 340,000 128,000 0 38,000 32,000 183,651 402,692 80,000 45,000 110,000
7,948,594 7,529,594

Section 27. Department of Medical Assistance.
Budget Unit: Medical Services............................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ..............,................................................$

358,722,506
10,057,082 281,011 161,959 11,000

THURSDAY, JANUARY 28, 1988

331

Publications and Printing..............................................................$ Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$
Medicaid Benefits ...........................................................................$ Payments to Counties for
Mental Health..............................................................................! Audits Contracts..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

69,300 56,229 10,692,103 925,973 364,375 14,332,151 109,500 1,060,817,875
16,513,900 772,500
1,115,164,958 358,722,506

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Program Management Administration Operations Program Integrity Benefits Total

!

1,159,692

!

17,814,537

!

2,214,504

!

13,011,488

!

3,632,962

! 1.077,331,775

! 1,115,164,958

!

499,470

!

2,583,592

!

304,094

!

3,467,913

!

1,518,049

! 350.349,388

! 358,722,506

Section 28. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments...............................................!
Departmental Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Health Insurance-School Service Personnel......................................................................................! Health Insurance-Prior Retired Teachers.........................................................................! Health Insurance Payments..........................................................! Total Funds Budgeted....................................................................! Agency Assessments........................................................................! State Funds Budgeted....................................................................! Employee and Employer Contributions...............................................................................! Deferred Compensation..................................................................!

0
6,146,353 204,550 69,000 263,000 76,300
1,921,428 754,382 80,300
35,694,820 214,000
37,000,000
5,000,000 312,251,186 399,675,319
7,834,688
42,000,000
349,788,474
52,157

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services

2,110,514

332

JOURNAL OF THE HOUSE,

Classification and

Compensation

$

Flexible Benefits Programs

$

Employee Training

and Development

$

Health Insurance

Administration

$

Health Insurance Claims

$

Internal Administration

$

Commissioner's Office

$

Total

$

Section 29. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources..........................
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....................................................... 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..........

917,312
880,248
1,190,734
9,325,154 382,141,186
1,654,379 1,455,792 399,675,319

0 42,000,000
0 0 42,000,000
71,338,230
48,391,599 8,874,524
498,025 1,749,083
559,000 1,949,977
508,620 1,685,280
989,992 1,284,789
334,386
2,000,000 500,000
300,000
125,000
1,826,438
300,000
211,500 1,106,000 1,418,000
800,575
206,000 50,000
450,000
1,535,000
20,000
287,000

THURSDAY, JANUARY 28, 1988

333

Technical Assistance Contract ......................................................$ Capital Outlay - New Construction..............................................! Contract - Georgia Rural
Water Association........................................................................! Capital Outlay - Hazardous Waste
Site Land Acquisition.................................................................! Grant - Chehaw Park Authority...................................................! Grant - Atlanta Zoo........................................................................! 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....................................................................! Receipts from Jekyll Island
State Park Authority..................................................................! Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funds.....................................................................! State Funds Budgeted....................................................................!

125,000 638,250
10,000
2,000,000 500,000 500,000 0
149,405 100,000
526,700 150,000 8,000,000 150,000
7,000 38,000
500,000 91,355,143
53,750
315,000 200,000 71,338,230

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

7,103,905 24,512,507
30,496,326 27,642,471 1,599,934 91,355,143

6,735,155 21,222,892
17,794,862 24,064,387 1,520,934 71,338,230

B. Budget Unit: Authorities............ Operations Budget: Personal Services........................ Regular Operating Expenses .... Travel........................................... Motor Vehicle Purchases.......... Publications and Printing......... Equipment Purchases................ Computer Charges...................... Real Estate Rentals................... Telecommunications .................. Advertising.................................. Per Diem, Fees and Contracts. Capital Outlay ............................ Boat Replacement Expense...... Total Funds Budgeted............... State Funds Budgeted...............

0
2,758,075 1,898,900
89,800 69,500 64,150 84,400 22,000 17,000 66,200 175,000 84,600
0 178,350 5,507,975
0

334

JOURNAL OF THE HOUSE,

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

$

4,981,275

$

$

526,700

$

$

5,507,975

$

Section 30. Board of Post-Secondary
Vocational Education. Budget Unit: Board of Postsecondary
Vocational Education .............................................I 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.................................................................................! Quick Start Program ......................................................................$ Area School Program......................................................................! Regents Program.............................................................................! Teachers' Retirement.....................................................................$ Teachers' Health Insurance...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

98,615,296
2,146,044 158,000 57,000 9,000 40,000 10,000 254,000 275,000 46,000 897,500 15,000
32,983,533 8,428,396 3,000,000 4,200,000 45,706,195 2,415,816 7,314,712 3,062,100 111,018,296 98,615,296

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

3,907,544 107.110,752 111,018,296

2,706,724 95,908,572 98,615,296

Section 31. 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......................................................!

67,861.758
50,414,735 6,449,160
137,500 3,069,000
630,000 1,185,806 3,474,000
13,000 1,141,010
168,470

THURSDAY, JANUARY 28, 1988

Postage............................................ Conviction Reports....................... State Patrol Posts Repairs
and Maintenance....................... Capital Outlay ............................... Driver License Processing............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted..................

Public Safety Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

15,976,158

$

12,811,352

$

40,724,248

$

69,511,758

B. Budget Unit: Units Attached for Administrative Purposes Only.......
Attached Units 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............................................. Peace Officers Training Grants .., Highway Safety Grants ................. Capital Outlay................................ Total Funds Budgeted................... State Funds Budgeted...................

Public Safety Functional Budgets

Total 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

$

4,033,264

$

4,248,030

$

893,070

$

1,080,028

$

415,803

$

335,385

$

5,692,812

$

16,698,392

Section 32. Public School Employees' Retirement System.

335
1,095,375 225,000
200,000 359,502 949,200 69,511,758 1,650,000 67,861,758
State Funds
14,476,158 12,811,352 40,574,248 67,861,758
12,059,530
5,198,976 2,005,784
156,850 131,600 71,456 171,563 362,281 163,722 158,850 1,284,278 39,655 2,643,377 3,500,000 810,000 16,698,392 12,059,530
State Funds
266,632
4,045,630 830,586 829,532
415,803
309,885
5,361,462 12,059,530

336

JOURNAL OF THE HOUSE,

Budget Unit: Public School Employees' Retirement System.................
Departmental Operations Budget: Payments to Employees' Retirement System....................................... Employer Contributions.................................. Total Funds Budgeted..................................... State Funds Budgeted.....................................

13,572.600
242,600 13,330,000 13,572,600 13,572,600

Section 33. 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....................................

7,232,781
5,518,888 405,967 202,459 235,200 33,500 105,919 258,125 296,220 123,000
1,250,000 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 34. Regents, University
System of Georgia. A. Budget Unit: Resident Instruction................................................! Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs......................................................I 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....................................................................!

632,710,209
659,941,020 90,000,000
181,694,971 105,000,000
321,481 356,959 13,547,920 500,000 250,000 630,000 1,052,242,351 22,000,000 195,000,000 199,504,842 3,027,300 632,710,209

THURSDAY, JANUARY 28, 1988

337

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..............................................................................! 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....................................................................!

135,216,421
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
697,748 600,000 200,000
644,618 343,926,790
0 75,976,550 132,178,119
555,700 135,216,421

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

$

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

!

1,125,683

!

1,427,904

$

815,631

!

11,108,989

!

1,770,774

!

31,057,468

$

29,819,180

!

30,415,912

!

2,735,358

!

435,262

338

JOURNAL OF THE HOUSE,

Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

$

5,505,945

$

1,537,429

$

2,115,755

if>

18,964,210

$ 343,926,790

5,505,945
0
34,105 18,964,210 135,216,421

C. Budget Unit: Georgia Public Telecommunications Commission.........................
Public Telecommunications Commission Budget: Personal Services........................................ Operating Expenses .................................... Total Funds Budgeted............................... Other Funds ................................................. State Funds Budgeted...............................

7,856,109
4,844,948 6,828,500 11,673,448 3,817,339 7,856,109

Section 35. Department of Revenue. Budget Unit: Department of Revenue .......... 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...............................

63,834,456
40,178,561 1,324,528 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 67,679,456 3,845,000 63,834,456

Department of Revenue Functional Budgets

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Motor Vehicle Central Audit Property Tax Sales Tax Total

Total Funds
3,710,777 8,698,047 3,974,230 13,618,141 7,015,226 17,114,009 5,602,563 3,912,452 4,034,011 67,679,456

State Funds

$

3,710,777

$

8,498,047

$

3,756,230

$

13,318,141

$

6,058,226

$

15,482,009

$

5,602,563

$

3,831,452

$

3,577,011

$

63,834,456

Section 36. Secretary of State. A. Budget Unit: Secretary of State....,

19,429,131

THURSDAY, JANUARY 28, 1988

339

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....................................................................!

12,488,214 1,694,401
226,000 109,900 428,200 176,600 394,300 2,136,570 260,300 650,146 500,000 364,500 19,429,131 19,429,131

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Corporations Regulation Elections and Campaign
Disclosure Securities Regulation Drugs and Narcotics State Ethics Commission Occupational Certification Total

$

2,781,886

$

4,447,476

$

1,796,855

$

1,158,075

$

1,485,022

!

837,435

$

194,940

$

6,727,442

!

19,429,131

$

2,781,886

$

4,447,476

$

1,796,855

$

1,158,075

$

1,485,022

$

837,435

$

194,940

$

6,727,442

$

19,429,131

Occupational Certification Functional Budgets

Board Costs

Operations

Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Cosmetology Dentistry Dieticians Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family
Therapists Medical Examiners Nursing Home Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy

$

197,605

$

349,303

$

55,960

$

122,571

$

736

$

3,066

!

6,022

$

31,799

$

9,120

$

134,965

$

13,040

$

76,790

$

65,960

$

397,133

$

33,660

!

653,366

$

53,955

$

268,581

$

12,945

$

22,270

$

54,440

$

287,217

$

3,451

$

27,041

$

18,770

$

182,374

$

3,157

$

16,584

$

4,297

!

13,022

$

12,129

$

22,437

$

2,399

$

16,366

$

30,460

!

85,482

$

141,670

$

1,060,965

$

11,025

!

52,470

$

62,180

$

748,600

!

5,387

$

39,668

$

13,610

$

32,981

$

8,920

$

16,332

340

JOURNAL OF THE HOUSE,

Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Recreation Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Wastewaters Total

$

75,363

$

16,350

$

4,105

$

6,319

$

48,420

$

11,720

$

13,191

$

5,270

$

3,795

$

5,375

$

13,510

$

8,305

$

39,615

$

6,160

$

1,078,396

426,254 45,510 13,407 23,625 425,737 274,618 56,724 22,342 17,739 20,648 131,681 30,652 97,115 101,427
6,348,862

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............................

1,426,312
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

Operations

Real Estate Commission

$1,426,312

$1,426,312

Section 37. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission...........
Administration Budget: 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...........................................

18,650,542
3,456,101 215,090 58,000 0 112,000 21,300 309,540 122,600 18,000 382,500
3,400,000 12,302,000 4,933,500
42,000
116,000

THURSDAY, JANUARY 28, 1988

341

Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship
Grants............................................................................................$ Paul Douglas Teacher Scholarship...............................................! Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

179,900
256,100 394,739 26,319,370 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
21,624,239 26,319,370

0
275,000
18,375,542 18,650,542

Section 38. 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 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System............................................ Departmental Operations Budget:
Personal Services................................................... 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..........................................

3,300,000
2,441,102 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

342

JOURNAL OF THE HOUSE,

Section 40. 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 Development........................................................
Capital Outlay - Airport Approach Aid and Operational Improvements ......................................................
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............................................

442,034,430
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 9,250,600 516,544,312 9,317,013 9,317,000
1,370,000
1,355,000 9,654,629
799,250
8,850,000 31,000,000 855,887,049 442,034,430

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 Total

564,757,159 216,453,036
4,317,032 9,317,013 18,571,307 813,415,547

200,126,260 198,023,328
3,641,032 9,317,013 18,196,307 429,303,940

General Funds Budget

Planning and Construction 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

325,000 9,317,000
900,000 106,000 2,143,544 16,818,208

325,000 317,000
900,000 106,000 1,663,544 5,407,196

THURSDAY, JANUARY 28, 1988

343

Harbor Maintenance Facilities Harbor Widening Activities Total

$

9,649,250

$

3,212,500

$

42,471,502

$

799,250

!

3,212,500

$

12,730,490

Section 41. 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
Medical College 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 15,400 0 33,000
9,877,806
5,226,155
180,000 20,087,426 16,887,176

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and
Nursing Facility Milledgeville Veterans Nursing Home - Augusta Total

!

4,704,465

!

10,063,806

$

5,319,155

!

20,087,426

$

4,468,940

$

8,215,081

!

4,203,155

!

16,887,176

Section 42. 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....................................................................!

6,844,856
5,433,404 113,231 61,500 0 63,000 70,230 287,991 523,000 90,500 157,500 84,500
6,884,856 6,844,856

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Section 43. 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) ...............................................$

182,693,428 74,601,825

Section 44. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions of judges and employees of the Court.

Section 46. Provisions Relative to Section 5, Superior Courts. The 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.

Section 47. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 48. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 49. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.

Section 50. Provisions Relative to Section 16, 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 16 (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.

THURSDAY, JANUARY 28, 1988

345

From the Appropriations in Section 16, 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 16, 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 51. Provisions Relative to Section 17, 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 one-half percent cost of living increases on July 1, 1987, and January 1, 1988.

Section 52. Provisions Relative to Section 22, 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:

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 22 (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 53. Provisions Relative to Section 23, Department of Industry and Trade. The Georgia Ports Authority is authorized to initiate design and construc tion of a second docking facility at Colonel's Island, a breakbulk warehouse at the Garden

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City Terminal and parking area for container chasis, which total $16,374,000, using Authority revenue.
Section 54. Provisions Relative to Section 27, 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 55. Provisions Relative to Section 29, 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 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Section 56. Provisions Relative to Section 34, 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 57, Provisions Relative to Section 30 Board of Postsecondary Education. None of the State funds appropriated in Section 30 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 58. Provisions Relative to Section 40 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.
As authorized in Section 71, $22,000,000 in principal amount of General Obligation Bonds is appropriated for advanced financing the replacement of the Talmadge Memorial Bridge. Debt service on these bonds will be provided from General Fund Appropriations and the principal amount is to be repaid to the State from Federal Demonstration Funds received in Fiscal Years 1990 and 1991.
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.

THURSDAY, JANUARY 28, 1988

347

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 59. 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 60. 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 61. 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 62. 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 63. 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:

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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 noncompliance with the stated intent of this Section.
Section 64. 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 65. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 66. 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 67. (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 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 the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Pur chases, 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.

THURSDAY, JANUARY 28, 1988

349

(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 68. 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 69. 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 70. 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 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 71. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $10,800,000 is specifically appropriated for the purpose of financing a program of Developmental Highway construc tion for the Department of Transportation by means of acquisition, construction, develop ment, extension, enlargement and improvement of land, property, buildings, structures,

350

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equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $45,000,000 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, $552,000 is specifically appropriated for the purpose of financing a Health Occupations Building at Augusta Technical Institute for the Board of Postsecondary Vocational Education by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,300,000 in principal amount of General Obli gation 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, $5,280,000 is specifically appropriated for the purpose of advanced financing for the replacement of the Talmadge Memorial Bridge by the Depart ment of Transportation near Savannah, Georgia, by means of demolition, acquisition, con struction, 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 $22,000,000 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, $4,800,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments for water and sewer construction projects 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, $768,000 is specifically appropriated for the purpose of financing the modernization of a paper machine and the purchase of a new pulping machine for the Forestry Commission for the project provided for in the "Herty Founda tion Act" and pursuant to O.C.G.A. Sections 12-6-131 and 12-6-134, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instru ments 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, $1,440,000 is specifically appropriated for the Board of Regents of the University System of Georgia for the purpose of financing facilities for paper chemistry education and research at the Georgia Institute of Technology by means of 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,262,400 is specifically appropriated for the purpose of financing capital outlay projects for State parks and historic sites for the Department of Natural Resources by means of the design, construction, development, extension, enlarge ment 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 $5,260,000 in principal amount of General Obligation Debt, the instru ments 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, $312,000 is specifically appropriated for the purpose of financing construction of a Therapy Center at Northwest Georgia Regional Hospital for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith

THURSDAY, JANUARY 28, 1988

351

through the issuance of not more than $1,300,000 in principal amount of General Obli gation Debt, the instruments of whch 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, $576,000 is specifically appropriated for the purpose of financing the second phase of a program to correct problems with the underground utili ties at Northwest Georgia Regional Hospital for the Department of Human Resources by means of 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 $2,400,000 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, $384,000 is specifically appropriated for the purpose of financing construction of a laundry building at Gracewood State School and Hospital for the Department of Human Resources by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith
through the issuance of not more than $1,600,000 in principal amount of General Obli gation 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, $104,400 is specifically appropriated for the purpose of financing construction planning for Department of Human Resources facilities through the
issuance of not more than $435,000 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, $164,400 is specifically appropriated for the purpose of financing major re-roofing projects for Department of Human Resources facilities by
means of 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
$685,000 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, $6,120,000 is specifically appropriated for the purpose of
financing facility improvements for the Georgia Building Authority by means of 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 $25,500,000 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, $696,000 is specifically appropriated for acquisition, renovation, and improvement projects of the Stone Mountain Memorial Association,
through the issuance of not more than $2,900,000 in principal amount of General Obli gation 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, $792,000 is specifically appropriated for the purpose of pro
viding the state match for Federal Impact Assistance Funds for the Department of Com munity Affairs to finance the acquisition, construction, development, extension, enlargement and improvement of the school system in Camden County through the issu
ance of not more than $3,300,000 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, $768,000 is specifically appropriated for the purpose of financing major repairs at State Vocational Technical Institutes for the Board of
Postsecondary Vocational Education by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equip
ment and facilities, both real and personal, necessary or useful in connection therewith

352

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through the issuance of not more than $3,200,000 in principal amount of General Obli gation 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, $240,000 is specifically appropriated for the purpose of financing major repairs at the Board of Postsecondary Vocational Education's North Georgia and South Georgia Technical Institutes by means of 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 $1,000,000 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, $76,800 is specifically appropriated for the purpose of financing construction of a wastewater plant in Milledgeville, Georgia for the Department of Corrections by means of 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 $320,000 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, $144,000 is specifically appropriated for the purpose of financing construction of four inmate support buildings at Consolidated Branches for the Department of Corrections by means of 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 $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, $90,000 is specifically appropriated for the purpose of financing construction of wastewater treatment plants at five Correctional Institutions for the Department of Corrections by means of 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 $375,000 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, $1,140,000 is specifically appropriated for the purpose of financing Phase II construction at the Georgia Training and Development Center for the Department of Corrections by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $4,750,000 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, $792,000 is specifically appropriated for the purpose of financing an additional housing unit at Burruss Correctional Institution for the Depart ment of Corrections by means of 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 $3,300,000 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, $360,000 is specifically appropriated for the purpose of restoring construction funds at Lowndes and Ware Correctional Institutions for the Department of by means of 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

THURSDAY, JANUARY 28, 1988

353

more than $1,500,000 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, $554,400 is specifically appropriated for the purpose of financing construction of a Transitional Center for the Department of Corrections by means of 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 $2,310,000 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, $204,000 is specifically appropriated for the purpose of financing construction of a Diversion Center in DeKaib County for the Department of Corrections by means of 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 $850,000 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, $201,600 is specifically appropriated for the purpose of financing construction of a Diversion Center in Gwinnett County for the Department of Corrections by means of 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 $840,000 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, $360,000 is specifically appropriated for the purpose of financing renovation of the New Horizons Women's Transitional Center for the Depart ment of Corrections by means of 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 sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $312,000 is specifically appropriated for the purpose of financing renovation of the headquarters for the Department of Public Safety by means of acquisition, construction, development, extension, enlargement and improvement 01 land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $1,300,000 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, $3,360,000 is specifically appropriated for the Department of Industry and Trade for the purpose of financing the acquisition, construction, develop ment, extension, enlargement and improvement of land, property, bi ildings, structures, equipment and facilities, both real and personal, necessary or useful in connection with the expansion of the Georgia World Congress Center, through the issuance of not more than $32,000,000 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, $315,000 is specifically appropriated for the Department of Natural Resources for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Department of Natural Resources, for the project provided for the "Georgia Agricultural Exposition Authority Act" and pursuant to O.C.G.A. Section 12-3-484,

354

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through the issuance of not more than $3,000,000 in principal amount of General Obli gation 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, $1,575,000 is specifically appropriated for the Department of Natural Resources for the purpose of financing a land acquisition program for wildlife management and public fishing areas throughout the State, 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, $1,050,000 is specifically appropriated for the Agency for the Removal of Hazardous Materials for the purpose of financing asbestos abatement projects at local school facilities, State facilities, and University System facilities through the issuance of not more than $10,000,000 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, $2,021,250 is specifically appropriated for the purpose of financing public library construction for the State Board of Education by means of 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 $19,250,000 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, $10,234,350 is specifically appropriated for the State Board of Education for the purpose of financing capital outlay entitlements for local school con struction through the issuance of not more than $97,470,000 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, $6,000,225 is specifically appropriated for the State Board of Education for the purpose of financing unfunded capital outlay for local school projects through the issuance of not more than $57,145,000 in principal amount of General Obli gation 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, $4,410,000 is specifically appropriated for the purpose of financing facility improvements for the Regents, University System of Georgia by means of 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 $42,000,000 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, $1,050,000 is specifically appropriated for the Regents, Uni versity System of Georgia for the purpose of financing a manufacturing research center at the Georgia Institute of Technology for the by means of acquisition, construction, develop ment, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,200,000 is specifically appropriated for the purpose of financing construction of two prisons for the Department of Corrections by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary

THURSDAY, JANUARY 28, 1988

355

or useful in connection therewith through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties 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, $1,092,000 is specifically appropriated for the purpose of financing construction of four detention centers for the Department of Corrections by means of 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 $10,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 72. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1988............................................................................$ 5,934,138,339.94
Section 73. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 74. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1987-1988 known at the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), so as to change certain appropriations for the State Fiscal Year 1987-1988; 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 1987-1988, known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), is amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, reserves and a revenue estimate of $5,782,000,000 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........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

20,439,128 9,340,054
3,487,847 1,298,890
118,800 6,000 0
468,150 407,000 443,000 68,864

356

JOURNAL OF THE HOUSE,

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.....................

643,000
379,599
2,427,424 146,700 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

$

507,534

$

1,031,466

$

5,395,269

3,856,269 507,534
1,031,466 5,395,269

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

$

8,134,028

$

325,081

$

1,060,042

$

9,519,151

8,134,028
325,081 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

$

1,973,618

$

1,503,742

$

841,686

$

1,206,662

$

5,524,708

1,973,618 1,503,742
841,686 1,205,662 5,524,708

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 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,

THURSDAY, JANUARY 28, 1988

357

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................................................................... Per Diem, Pees 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............................................. Council of Superior
Court Judges ........................................................... Judicial Administrative
Districts.................................................................... Habeas Corpus Clerk.................................................

33,664,947 32,057,683
667,787 117,789
71,399
735,289 15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts........................................

289,331

Section 7. Institute of Continuing Judicial Education.

358

JOURNAL OF THE HOUSE,

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................... Payment to Council of Magistrate Court Judges..................................... Payment to Council of Probate Court Judges..................................... Payment to Council of State Court Judges.....................................
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission..................
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..................................................................... 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........................................................

467,268 376,250 91,018
774,675 629,565
70,500 25,110 20,000 20,000 9,500
106,000
38,427,229 38,695,477 7,589,964
249,800 299,500 153,000 1,878,085 8,503,650 3,285,442 622,260 414,400 16,356,200 31,100 273,800 1,959,300
0 31,400,121 10,032,800
608,800

THURSDAY, JANUARY 28, 1988

359

Health Planning Review Board Operations.................................
Georgia Golf Hall of Fame Operations.................................
Authorities Liability Reserve Fund............................
Grants to Counties....................... Grants to Municipalities............. Total Funds Budgeted................. State Funds Budgeted.................

50,000
30,000
0 2,600,000
4,200,000
129,233,699 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
10,516,040 2,535,892
611,621
506,856 46,502,487 2,656,834 38,403,480 5,048,938
1,328,550 566,561
1,573,974 129,233,699

352,751 2,227,126
14,329,604
0 2,535,892
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................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment........................................................................................$ 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....................................................................!

0
19,700,292 5,199,700
112,600 30,000 57,000 321,100 70,000 8,500 114,800 242,800 740,000 7,680,100 249,000 40,000
0 34,565,892
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

1,983,265

360

JOURNAL OF THE HOUSE,

Custodial

$

4,613,084

Maintenance

$

4,808,318

Security

$

4,637,825

Van Pool

$

191,236

Sales

$

3,980,929

Administration

$

10,843,088

Railroad Excursions

$

667,997

Facility Renovations

$

0

Total

$

31,725,742

C. Budget Unit: Agency for the Removal of

Hazardous Materials................................

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.........................................................................

Utilities .....................................................................................

Total Funds Budgeted............................................................

State Funds Budgeted............................................................

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................................................................................ 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.............................................................. Payments to Georgia Agrirama Development Authority for Operations...........................................................................

0 0 0 0 0 0 0 0 0
0
1,558,650 889,500 100,000 0 2,000 150,000 0 0 10,000 100,000 0 0
2,840,150 0
32,589,616
27,130,051 2,516,656
877,000 649,875 684,000 1,124,593 450,657 730,920 380,099 342,136 600,000
2,141,160
2,321,603 547,000 91,000 75,000 155,000
430,651

THURSDAY, JANUARY 28, 1988

361

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....................................................................!

665,000 30,000
60,000 50,000
0 42,052,401 33,589,616

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

4,382,707 7,038,685 1,619,448 3,592,372 4,200,199 1,380,188 3,162,083
5,720,655 4,142,024 4,574,586
323,685 1,915,769 42,052,401

3,940,614 6,667,125 1,613,401 3,592,372 4,107,055 1,380,188 3,155,083
4,507,198 1,715,476 1,100,638
0 1,810,466 33,589,616

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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Goods for Resale.............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

431,567 115,804
4,850 0
10,425 15,921
0 0 9,950 30,025 220,800 74,150 913,492 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...............................................................!

5,328,257
4,390,709 206,000 321,198 40,000

362

JOURNAL OF THE HOUSE,

Publications and Printing.............................. Equipment........................................................ Computer Charges........................................... Real Estate Rentals........................................ Telecommunications ....................................... Per Diem, Fees and Contracts...................... Total Funds Budgeted.................................... State Funds Budgeted....................................

13,000 15,900 128,950 175,500 35,000
2,000
5,328,257 5,328,257

Section 16. Department of Community Affairs.
Budget Unit: Department of Community Affairs ................
State 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 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 Residential Finance Authority...................................... Payment to Georgia Environmental Facilities Authority for Operations............................................. Total Funds Budgeted................................... State Funds Budgeted...................................

19,164,543
4,443,756 136,668 171,915 7,500 92,945 18,121 25,988 364,068 55,671 99,573 85,000
1,400,000 11,743,000
139,000
30,000,000
0 0 770,000
590,500
384,844 50,528,549 19,164,543

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

$

15,185,126

$

1,365,366

$

32,836,733

$

1,141,324

$

50,528,549

15,128,126 1,182,608
1,882,520 971,289
19,164,543

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation........................ Personal Services............................................

275,501,889 189,347,982

THURSDAY, JANUARY 28, 1988

363

Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment........................................................................................$ 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....................................................................!

22,116,258 1,240,761 1,462,600 284,000 6,040,489 1,042,088 2,800,914 2,285,750 1,503,437 3,227,000 8,356,400 350,000 10,355,000 6,468,438
5,569,000 600,000 600,000
2,942,150
1,495,480
300,000 1,035,000 12,849,543
47,749
262,900 75,378
0 20,000 282,678,317 450,000
0 275,501,889

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

12,333,348
28,777,411 1,696,587
1,720,286 9,047,550
9,773,460 18,305,899 17,714,439
21,886,299
3,607,562

11,883,348
28,563,911 1,652,043
1,720,286 9,047,550
9,773,460 18,305,899 17,634,439
21,886,299
3,607,562

364

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

$

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................................................. 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................................................. Computer Charges.................................... Real Estate Rentals ................................. Telecommunications................................ Per Diem, Fees and Contracts ...............

3,274,989
4,238,392
4,542,928 14,647,059
769,384 14,645,992 6,014,773
3,460,379 4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380
0 855,489 36,522,141
8,190,083 282,678,317

3,274,989
4,238,392
4,542,928 14,647,059
0 14,442,404 6,014,773
3,460,379 4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380
0 855,489 32,422,141
6,874,671 275,501,889
18,280,715
14,884,561 411,183 438,100 117,000 51,000 218,269 168,000
1,063,090 376,500 96,000 457,012
18,280,715 18,280,715
4,442,476
7,122,169 1,823,719
70,650 50,000 43,050 79,300 9,350 8,200 81,480 167,100

THURSDAY, JANUARY 28, 1988

365

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...................

1,721,870
1,049,400 42,000 18,000 42,000 0 535,000 75,000
12,938,288 4,442,476

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

2,303,646
1,869,050 3,217,161 5,548,431 12,938,288

1,167,014
877,239 427,045 1,971,178 4,442,476

Section 19. State Board of Education Department of Education.
Budget Unit: Department of Education.................................................................$
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......................................................? 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...............................................................................? Mid-Term Adjustment...................................................................?

2,247,051,710
36,843,856 3,574,594 1,468,101
80,000 656,689 573,267 6,169,632 2,212,962 719,204 14,302,044 991,165 250,000
559,731,932 473,386,212 244,207,941 69,273,939
81,119,399 152,243,958 16,467,148 21,975,900
7,370,037 23,027,563 77,663,411 417,072,368 100,665,399
936,193 43,500,000

366

JOURNAL OF THE HOUSE,

Local Fair Share..............................................................................$ Other Categorical Grants:
Equalization Formula.....................................................................! Sparsity Grants................................................................................! Prepaid Teacher Retirement.........................................................$ 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 Honors Program..........................................................! 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....................................................................$ 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......................................................................................! Innovative Programs..........................................................,............!
Technology Grants..........................................................................!
Limited English - Speaking
Students Program .......................................................................$

(381,072,432)
101,896,110 1,982,515 0 1,000,000 3,000,000
188,694
77,736,092
1,700,000
24,850,905
1,895,143 28,488,153 121,090,490 21,435,372
5,460,238
5,813,142
2,419,218 18,793,748
2,581,128 913,920
1,442,000 2,860,000
366,540 4,772,348
8,539,061 4,424,861
746,975 3,497,926
78,000,000
14,261,645
10,457,937
13,657,800 548,000 500,000
250,000

THURSDAY, JANUARY 28, 1988

Remove Architectual Barriers........ Drug Free Schools............................ Refugee Transportation Program.. Emergency Immigrant Education.. Profound - Special
Education Grant........................... Robert C. Byrd Scholarships
Program ......................................... Total Funds Budgeted..................... Indirect DOAS Services
Funding.......................................... State Funds Budgeted.....................

Education Functional Budgets

Total Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Standards and Assessments Special Services Professional Practices Professional Standards Ga. Academy for
the Blind Ga. School for the Deaf Atlanta School
for the Deaf Local Programs Total

$

3,008,875

$

16,929,370

$

907,728

$

15,867,007

$

11,433,121

$

4,023,599

$

494,176

$

224,831

$

4,016,541

$

6,578,202

$

4,358,064

$ 2,484,396,319

$ 2,552,237,833

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.................................................................. Computer Charges..................................................... Real Estate Rentals.................................................. Telecommunications................................................. Per Diem, Fees and Contracts................................ Postage........................................................................ Benefits to Retirees.................................................. Employer Contribution............................................ Total Funds Budgeted.............................................. State Funds Budgeted..............................................

Section 21. Forestry Commission. Budget Unit: Forestry Commission.............................. State Operations Budget:
Personal Services....................................................... Regular Operating Expenses................................... Travel..........................................................................

367
888,439 2,541,012
180,784 114,169
7,348,486
184,500 2,552,237,833
340,000 2,247,051,710

State Funds

$

2,607,374

$

8,031,714

$

844,671

$

11,519,817

$

10,762,174

$

2,687,710

$

494,176

$

224,831

$

3,873,335

$

6,372,735

$

4,061,429

$ 2,195,571,744

$ 2,247,051,710

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
32,332,030
24,986,730 6,172,548
145,415

368

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................? Equipment........................................................................................! 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..........,.........................................................!

1,571,112 88,000
3,678,745 149,091 29,928 686,135 420,871 250,000
300,000
30,000
60,000 51,500 1,004,100 39,624,175 32,332,030

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

5,257,468 31,959,132
51,500
2,356,075 39,624,175

1,024,016 28,907,439
51,500
2,349,075 32,332,030

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....................................... Computer Charges.......................... Real Estate Rentals....................... Telecommunications...................... Per Diem, Fees and Contracts ..... Evidence Purchased....................... Utilities ............................................ Postage............................................. Capital Outlay................................ Total Funds Budgeted................... Total State Funds Budgeted........

30,011,870
21,068,876 1,999,529 600,075 811,000 119,845 574,000 857,000 1,775,757 1,373,841 40,000 479,000 93,000 73,000 146,947 30,011,870 30,011,870

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative

2,988,153 5,859,937 10,029,995

2,988,153 5,859,937 10,029,995

THURSDAY, JANUARY 28, 1988

Georgia Crime Information Center
Total

$

5,469,699

$

24,347,784

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................................................................ Capital Outlay................................................... 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........................ Authority Bond Defeasement.......................... 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......................................................... 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.....................

369
5,469,699
24,347,784
4,456,586 477,900 39,000 77,000 8,000 241,000 140,000 117,000 19,000 35,000 5,000 48,600
5,664,086 5,664,086
9,000,000
1,037,718 31,100 9,000 0 I,200 3,000 12,000 99,344 II,000 115,000
9,000,000 10,319,362 9,000,000
17,036,589 8,050,353
290,640 176,679
3,000 152,729 80,009 168,300 640,014 194,132 60,758,920 2,613,891 40,000 2,599,000 153,000 2,500,000
402,424

370

JOURNAL OF THE HOUSE,

Humanities Grant - State Funds.. Total Funds Budgeted.................... State Funds Budgeted....................

50,000 78,873,091 17,036,589

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 Consumers' Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Vocational Education Advisory
Council Commission on Children
and Youth Growth Strategies Commission Human Relations Commission Total

3

5,405,891

3

752,652

3

4,093,733

3

3,498,826

3

1,909,650

3

59,508,656

3

511,834

3

580,293

3

1,791,949

3

342,497

3

265,129

3

180,000

!j

31,981

(]

78,873,091

5,405,891
691,439
3,991,152 2,960,581 1,909,650
313,239 511,834
391,293
216,770
167,630
265,129 180,000 31,981 17,036,589

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............................................... 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...........................

397,943,611
45,657,983 2,204,440 1,286,100
0 274,141 565,287 2,688,735 4,579,748 932,329 36,554,251 290,700 899,288
0
0
7,235,000 7,170,574
215,000 110,553,576
638,300 48,612,826

THURSDAY, JANUARY 28, 1988

371

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 State Health Planning and Development Agency Total

757,303 1,178,302
302,836 8,485,265
0 4,736,274
473,034
497,862 1,561,735 4,873,344 1,857,762
495,000 7,192,614
449,249
9,338,344
689,251 2,218,790
791,704
2,842,518 386,617 728,811
4,329,522 17,110,929 2,870,264 35,214,534
1,171,712 110,553,576

757,303 1,178,302
302,836 8,442,739 (5,835,954) 3,407,539
473,034
497,862 1,561,735 4,673,344 1,857,762
495,000 6,840,706
133,579
0
689,251 2,198,790
463,935
781,705 386,617 538,828 272,973 2,290,490 2,657,664 12,428,074
1,118,712 48,612,826

2. Public Health 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. Utilities........................................ Postage......................................... Crippled Children Clinics......... Grants for Regional Intensive Infant Care............. Grants for Regional Maternal and Infant Care.....

38,888,757 50,854,272 1,056,873
20,000 348,995 467,154 993,281 668,180 587,850 17,261,625
0 86,410 559,000
4,936,795
2,055,000

372

JOURNAL OF THE HOUSE,

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.......................

Public Health Functional Budgets

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 Community Health Management Community Care Total

Total Funds
698,995 327,570 1,170,290 1,981,216 648,182 779,546
1,919,866 1,904,541
469,330
1,515,840
1,284,709 10,283,550 8,412,706
201,445 9,763,335 53,135,760 1,659,801 11,411,296 1,334,123
628,316 3,454,168
967,710 4,719,543 2,563,665
9,520,453 1,239,337
1,197,366
7,747,022 50,525,054 2,235,096 2,716,455 196,416,286

3. Rehabilitation Services Budget:

1,830,000 7,142,000
400,000 2,532,000
5,299,000 302,000
14,695,040 562,000
44,870,054 196,416,286
549,718 115,729,953

State Funds

$

501,770

$

292,570

$

1,085,290

$

1,882,088

$

425,364

$

751,631

$

1,389,866

$

851,462

$

0

$

260,012

$

1,284,709

$

4,523,730

$

8,266,652

$

0

$

4,943,351

$

0

$

1,449,626

$

9,199,353

$

1,334,123

$

628,316

$

3,454,168

$

428,938

$

4,594,543

$

1,403,362

$

9,390,778

$

827,387

$

1,197,366

$

7,747,022

$

45,193,902

$

1,337,580

$

1,084,994

$ 115,729,953

THURSDAY, JANUARY 28, 1988

373

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................? Equipment........................................................................................? 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....................................................................?

58,871,401 12,116,804
773,769 137,000 129,100 948,308 1,745,956 2,485,650 1,469,410 5,409,617 1,088,200
0 485,680
30,700 20,652,000
50,000 312,000 5,933,156 112,638,751 100,000 21,603,515

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

3,498,823 642,427
7,649,344
16,462,140
14,834,937 28,995,901
1,012,901 32,249,452
461,243 1,160,427 5,261,256
409,900 112,638,751

1,504,494 530,225
1,518,369
4,118,593
577,338 0 0
6,880,280 261,243 541,817
5,261,256 409,900
21,603,515

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.........................................

13,063,819 368,970 397,600 0 909,158 104,181
14,190,236 226,015
8,343,824 933,300 9,100
1,161,830

374

JOURNAL OF THE HOUSE,

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 County DFACS Operations -
Employability Program Total

1,408,000 256,818,238
4,000 12,978,058
44,563,531
69,216,101
41,011,682
6,099,507 3,100,000
818,867 3,780,764 3,580,239 5,340,927
16,711,307 2,149,146
0 1,629,230 1,325,000 18,888,840 1,919,914
485,700 2,759,300 18,102,680
150,000 737,000 1,075,227 2,777,456
1,588,643 519,019,357

Budget Unit Object Classes: Personal Services..................... Regular Operating Expenses. Travel........................................ Motor Vehicle Purchases ....... Publications and Printing...... Equipment................................ Computer Charges................... Real Estate Rentals................

270,354,296
162,479,464 43,174,233 3,303,331 519,019,357 2,339,882 211,997,317

State Funds

$

0

$

91,466,684

$

4,000

$

0

$

23,442,281

$

34,576,066

$

20,841,285

$

5,518,107

$

0

$

818,867

$

3,187,639

$

3,580,239

$

2,031,143

$

6,577,265

$

2,114,102

$ (8,799,001)

$

946,443

$

1,100,000

$

12,397,563

$

1,443,769

$

280,757

$

2,226,704

$

3,285,528

$

48,816

$

233,836

$

1,070,627

$

2,612,456

$

992,141

$ 211,997,317

156,481,960 65,544,486 3,514,342
157,000 1,661,394 2,084,930 19,618,208 7,959,593

THURSDAY, JANUARY 28, 1988
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................................................... B.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....................................................... 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 ..................................

375
3,922,889 67,569,317
1,388,000 2,633,208
0
4,936,795
2,055,000 7,142,000
559,000 400,000 2,532,000
5,299,000 302,000
1,830,000 14,695,040 7,235,000 50,344,807 20,652,000
50,000 270,354,296
162,479,464
30,700 48,700,385 6,495,156
419,148,890
334,283,923 32,421,311
905,208 377,895 165,908 3,815,962 4,245,585 656,487 2,791,550 34,178,581 14,396,011 266,400 1,364,390 2,119,055
2,418,056
1,941,430
1,102,000
91,706,730

376

JOURNAL OF THE HOUSE,

Mental Health Community Services...................
Community Mental Health Center Services............................
Reserve for DeKalb RYDC............ Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

11,857,717
74,710,867 0
615,725,066 2,404,100
419,148,890

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 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 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

33,773,897 28,741,419
23,983,096
18,813,434
24,866,999
27,467,750 114,862,729
21,622,351
43,140,167
18,889,023 I,967,766
8,019,997
3,126,079
68,769,489 II,554,686
587,394 386,609 1,102,000
74,710,867 361,376
1,652,922
262,890 303,031
3,521,190
17,744,582
73,200

22,481,149 14,464,726
20,964,071
16,025,816
18,973,112
21,256,501 79,843,389
18,235,934
22,820,892
15,122,278 1,815,486
8,019,997
2,322,418
34,062,869 7,251,642
573,148 223,609 1,102,000
32,488,410 361,376
1,358,922
262,890 303,031
3,204,945
12,685,504
73,200

THURSDAY, JANUARY 28, 1988

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 Care Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and
Classification Youth Services
Administration Total

7,506,636 0
16,463,862 9,043,016 6,396,843 3,395,853 3,516,708 9,577,827 2,394,686
810,795 620,408 2,843,245
608,334
369,439
1,872,471 615,725,066

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............................................................................!
Southern Center for International Studies..................................................................!
Capital Outlay.................................................................................!
Total Funds Budgeted....................................................................!

377
6,452,765 (383,006)
16,058,862 8,698,805 6,326,108 3,290,339 3,420,308 9,577,827 2,394,686
810,795 620,408 2,800,824
608,334
369,439
1,805,081 419,148,890
19,406,467
6,300,845 969,000 316,000 18,000 340,000 82,000 184,500 538,700 210,000 464,000 186,000 215,000
4,715,000
2,745,000
80,000
25,000
50,000 35,000
2,800,000
53,000
25,000 0
20,352,045

378

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

19,406,467

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

8,623,258

$

4,603,462

$

7,125,325

$

20,352,045

$

7,807,680

$

4,573,462

$

7,025,325

$

19,406,467

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....................................................................!

9,479,169
8,625,783 366,500 237,500 13,000 140,500 66,067 377,101 525,718 175,400 117,500
10,645,069 9,479,169

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

!

1,477,886

$

2,545,351

!

545,494

$

1,745,800

$

4,330,538

!

10,645,069

!

1,477,886

!

2,439,366

!

545,494

!

1,745,800

!

3,270,623

$

9,479,169

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
59,920,440 9,375,901 1,167,655
0 65,582 449,000 3,216,570 2,453,694 1,601,283
61,002,822 2,971,500

THURSDAY, JANUARY 28, 1988

379

W.I.N. Grants................ Payments to State
Treasury...................... Total Funds Budgeted.. State Funds Budgeted..
Department of Labor Functional Budgets

0
400,000 142,624,447
5,765,174

Executive Offices Administrative Services Employment and Training
Programs Total

Total Funds
2,981,784 17,951,559
121,691,104 142,624,447

State Funds
1,047,211 2,118,883
2,599,080 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....................................................................!

6,589,251 340,000 128,000 0 38,000 32,000 183,651 402,692 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........................................................................................! 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....................................................................!

358,722,506
10,057,082 281,011 161,959 11,000 69,300 56,229
10,692,103 925,973 364,375
14,332,151 109,500
1,060,817,875
16,513,900 772,500
1,115,164,958 358,722,506

380

JOURNAL OF THE HOUSE,

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

$

1,159,692

$

17,814,537

$

13,011,488

!

2,214,504

$

3,632,962

$ 1,077,331,775 ! 1,115,164,958

499,470 2,583,592 3,467,913
304,094 1,518,049
350,349,388 358,722,506

Section 31. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! 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..................................................................! State Funds Budgeted....................................................................!

25,662,782
6,146,353 204,550 69,000 263,000 76,300
1,921,428 754,382 80,300
39,949,344 214,000
333,559,444 383,238,101
7,734,688
349,788,474 52,157
25,662,782

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 Total

$

2,110,514

!

912,837

!

730,775

!

1,138,511

!

9,325,154

$ 365,803,968

$

2,006,624

$

1,209,718

! 383,238,101

0 25,662,782
0 0 25,662,782

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources..........................
Operations Budget: Personal Services...................................... Regular Operating Expenses..................

71,445,230
48,391,599 8,874,524

THURSDAY, JANUARY 28, 1988
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.............................. Grant-Chehaw Park Authority......... 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..... Capital Outlay - Hazardous Waste Site Acquisition.............................. 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..............

381
498,025 1,749,083
559,000 1,949,977
508,620 1,685,280
989,992 1,284,789
334,386
2,000,000 620,000 500,000
300,000
125,000
1,986,438
300,000
211,500 1,106,000 1,418,000
800,575
206,000 50,000
750,000
1,535,000
20,000
250,000
2,000,000 125,000 702,250
10,000 0
149,405 100,000
526,700 150,000 8,000,000 150,000
7,000 38,000

382

JOURNAL OF THE HOUSE,

Paving at State Parks and Historic Sites................................................................................$
Total Funds Budgeted....................................................................? Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funding.................................................................? State Funds Budgeted....................................................................?

500,000 91,462,143
53,750
315,000 200,000 71,445,230

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

$

6,103,905

$

24,812,507

$

31,303,326

$

27,642,471

$

1,599,934

$

91,462,143

$

5,735,155

$

21,522,892

$

18,601,862

$

24,064,387

$

1,520,934

$

71,445,230

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
2,822,875 2,072,400
26,500 69,500 64,150 84,400 22,000 17,000 66,200 84,600
0 178,350 5,507,975
0

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

?

4,981,275

?

0

?

526,700

?

0

?

5,507,975

?

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..............................................................?

98,762,296
2,325,044 158,000 57,000 9,000 40,000

THURSDAY, JANUARY 28, 1988

383

Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Capital Outlay.................................................................................! Quick Start Program ......................................................................! Area School Program......................................................................! Regents Program.............................................................................! Teachers' Retirement .....................................................................$ Teachers' Health Insurance...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

20,000 104,000 265,000 46,000 897,500 15,000 33,001,533 8,428,396 3,000,000 4,300,000 45,706,195 2,415,816 7,314,712 3,062,100 111,165,296 98,762,296

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

!

3,936,544

$ 107,228,752

$ 111,165,296

!

2,807,544

!

95,954,752

!

98,762,296

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....................................................................!

67,901,758
50,414,735 6,449,160
137,500 3,069,000
630,000 1,185,806 3,474,000
13,000 1,141,010
208,470 1,095,375
225,000
200,000 359,502 949,200 69,551,758 1,650,000 67,901,758

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

!

15,976,158

!

12,811,352

!

40,764,248

!

69,551,758

$

14,476,158

$

12,811,352

$

40,614,248

$

67,901,758

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
Attached Units Budget:

12,077,530

384

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... Postage........................................... Peace Officers Training Grants . Highway Safety Grants............... Capital Outlay.............................. Total Funds Budgeted................. State Funds Budgeted.................

5,198,976 2,005,784
156,850 131,600 71,456 171,563 362,281 163,722 158,850 1,302,278 39,655 2,643,377 3,500,000 810,000 16,716,392 12,077,530

Attached Units Functional Budgets

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

4,033,264
4,248,030 907,768
1,098,028
415,803
335,385
5,678,114 16,716,392

266,632
4,045,630 845,284 847,532
415,803
309,885
5,346,764 12,077,530

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....................................................................$

13,572,600
242,600 13,330,000 13,572,600 13,572,600

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 .......................................................................$

7,232,781
5,518,888 405,967 202,459 235,200 33,500 105,919 258,125 296,220 123,000

THURSDAY, JANUARY 28, 1988

385

Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............

1,250,000 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....................................................................$

632,960,209
659,941,020 90,000,000
181,694,971 105,000,000
321,481 356,959 13,547,920 500,000 250,000 630,000 1,052,242,351
22,000,000
195,000,000 199,254,842
3,027,300
632,960,209

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 ...................................................................................$

135,394,421
170,551,806 54,640,269
74,398,975 21,336,281
265,251 1,635,164
1,188,859
2,612,750 2,381,730
158,000
654,239

386

JOURNAL OF THE HOUSE,

SREB Payments..................................... Medical Scholarships............................. Regents Opportunity Grants................ Regents Scholarships............................. Rental Payments to Georgia
Military College.................................. CRT INC. Contract at Georgia Tech
Research Institute.............................. Total Funds Budgeted........................... Departmental Income............................ Sponsored Income.................................. Other Funds............................................ Indirect DOAS Services Funding ....... State Funds Budgeted...........................

11,966,100 697,748 600,000 200,000
644,618
173,000 344,104,790
0 75,976,550 132,178,119
555,700 135,394,421

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 Total

1,837,107 2,814,535 1,386,330 87,693,751 5,269,765 46,690,101
44,745,980 120,565,675
2,735,358 2,237,849 5,510,945 1,537,429 2,115,755 18,964,210 344,104,790

1,125,683 1,427,904
815,631 11,281,989 1,770,774 31,057,468 29,819,180 30,415,912 2,735,358
435,262 5,510,945
0 34,105 18,964,210 135,394,421

C. Budget Unit: Georgia Public Telecommunications Commission................
Public Telecommunications Commission Budget: Personal Services................................ Operating Expenses........................... Total Funds Budgeted....................... Other Funds........................................ State Funds Budgeted.......................

7,856,109
4,844,948 6,828,500 11,673,448 3,817,339 7,856,109

THURSDAY, JANUARY 28, 1988

387

Section 38. Department of Revenue. Budget Unit: Department of Revenue.......... 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 FICA................................................. Grants to Counties/Appraisal
Staff.......................................................... Motor Vehicle Tags and Decals............... Postage......................................................... Total Funds Budgeted............................... Indirect DOAS Services Funding............ State Funds Budgeted...............................

63,899,456
40,178,561 1,324,528 1,425,925 263,000 2,429,155 382,500 7,314,575 2,614,453 601,759 215,000
1,645,000
1,430,000 5,570,000 2,350,000 67,744,456 3,845,000 63,899,456

Department of Revenue Functional Budgets

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

Total Funds
3,710,777 8,710,047 3,974,230 13,618,141 7,015,226 17,114,009 5,655,563 3,912,452 4,034,011 67,744,456

State Funds
3,710,777 8,510,047 3,756,230 13,318,141 6,058,226 15,482,009 5,655,563 3,831,452 3,577,011 63,899,456

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....................

19,429,131 12,488,214 1,694,401
226,000 109,900 428,200 176,600 394,300 2,136,570 260,300 650,146 500,000 364,500 19,429,131 19,429,131

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration

2,781,886

$

2,781,886

388

JOURNAL OF THE HOUSE,

Archives and Records Corporations Regulation Elections and Campaign
Disclosure Securities Regulation Drugs and Narcotics State Ethics Commission Occupational Certification Total

4,447,476 1,796,855
1,158,075 1,485,022
837,435 194,940 6,727,442 19,429,131

4,447,476 1,796,855
1,158,075 1,485,022
837,435 194,940 6,727,442 19,429,131

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 Service S.B. of Registration for Professional Geologists G.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. Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy S.B. of Physical Therapy S.B. of Podiatry Examiners

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 12,265 6,649

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 46,350 41,656

THURSDAY, JANUARY 28, 1988

389

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 Total

$

6,632

$

48,634

$

12,622

$

14,461

$

5,488

$

6,501

$

14,003

$

8,564

$

41,874

$

7,385

$

1,163,078

25,801 442,775 333,196
70,864 21,953 30,511 174,370
37,833 109,437
133,695 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............................

1,426,312
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: Personal Services......................................... Regular Operating Expenses..................... Travel............................................................ Motor Vehicle Purchases........................... Publications and Printing.......................... Equipment Purchases................................. Computer Charges....................................... Telecommunications ...................................

18.650,542
3,456,101 215,090 58,000 0 112,000 21,300 309,540 122,600

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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......................................... Total Funds Budgeted................. State Funds Budgeted.................

18,000 382,500 3,400,000 12,302,000 4,933,500
42,000
116,000 179,900
256,100 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....................................................................!

1,376,017
690,582 99,000 49,000
0 22,000 8,000 3,000 35,039 16,000 126,000 327,396 1,376,017 1,376,017

Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!

3,300,000
2,441,102 70,000 25,000 55,000 9,000 791,800 288,500 85,000 262,900 88,000

THURSDAY, JANUARY 28, 1988

391

Cost-of-Living Increases for Local Retirement System Members................................................................
Floor Fund for Local Retirement Systems.............................................
Total Funds Budgeted............................................. State Funds Budgeted.............................................

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............................................

442,034,430
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 9,250,600 516,544,312 9,317,013 9,317,000
1,355,000
1,370,000 9,654,629
799,250 31,000,000 855,887,049 442,034,430

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 Total

$ 565,082,159

$ 216,453,036

$

4,317,032

$

9,317,013

$

18,571,307

$ 813,740,547

$ 200,451,260

$ 198,023,328

$

3,641,032

$

9,317,013

$

18,196,307

$ 429,628,940

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

$

9,317,000

$

$

900,000

$

$

106,000

$

317,000
900,000 106,000

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JOURNAL OF THE HOUSE,

Air Transportation Inter-Modai Transfer
Facilities Harbor Maintenance Activities Savannah Harbor Widening Total

2,143,544
16,818,208 12,861,750
0 42,146,502

1,663,544
5,407,196 4,011,750
0 12,405,490

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................I Travel. ...............................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment futchaaes.....................................................................^ 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 Medical College of Georgia........................................................!
Regular Operating Expenses for Projects and Insurance.........................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

16,942,176
4,212,979 49,571 82,000 0 21,000 117,000 2,402 212,113 58,000 15,400 0 33,000
9,877,806
5,226,155
235,000 20,142,426 16,942,176

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and
Nursing Facility Milledgeville Veterans Nursing Home - Augusta Total

4,704,465
10,118,806 5,319,155 20,142,426

!

4,468,940

!

8,270,081

!

4,203,155

!

16,942,176

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.......................................................................

6,844,856
5,433,404 113,231 61,500 0 63,000 70,230 287,991 523,000 90,500 157,500 84,500

THURSDAY, JANUARY 28, 1988

393

Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

6,884,856 6,844,856

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) ...............................................$

182,693.428 60,711,075

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.

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 16, Department of Community Affairs. Provided that of the $1,000,000 appropriated for development of a Middle Georgia airport, no funds shall be disbursed or contractually obligated prior to voter ratifi cation in Bibb County of a sales tax to finance such development.

Section 54. Provisions Relative to Section 19, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education

394

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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 Edu cation) 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 pur pose 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 1989.
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 55. 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, 1988, and January 1, 1989.

Section 56. Provisions Relative to Section 23, Georgia State Finance and Investment Commission. Provided that of the $9,000,000 appropriated for authority bond defeasement, any portion thereof not required for the defeasement of Georgia Edu cation Authority (University) bonds shall be utilized by Georgia State Finance and Invest ment Commission to defease other Authority issues.

Section 56. 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:

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.

THURSDAY, JANUARY 28, 1988

395

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 57. 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 1989 shall not exceed eight percent (8.00%).
Section 58. 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 59. 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 60. 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 61. 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.
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.

396

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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 62. In addition to all other appropriations for the State fiscal year ending June 30, 1989, 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 63. 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 64. 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 65. 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 66. 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:

THURSDAY, JANUARY 28, 1988

397

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 noncompliance with the stated intent of this Section.
Section 67. 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 68. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 69. 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 70. 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 71. (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 1988 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.

398

JOURNAL OF THE HOUSE,

(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 72. 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 73. 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 74. Provisions Relative to Section 47 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amounts of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed sixty months:

Project/Purpose

Principal Amount

Debt Service

Developmental Highways Talmadge Bridge Water and Sewer Projects Herty Foundation Institute of Paper Chemistry Gracewood Laundry No. One Peachtree and
Capitol Hill Projects Kings Bay Area Schools Vocational School Renovations
and Equipment Burruss C.I. Dormitory Ware and Lowndes C.I.

45,000,000 22,000,000 20,000,000 3,200,000 6,000,000
1,600,000
15,500,000 3,300,000
4,200,000 3,300,000 1,500,000

10,800,000 5,280,000 4,800,000
768,000 1,440,000
384,000
3,720,000 792,000
1,008,000 792,000 360,000

B.) Maturities not to exceed two-hundred forty months:

Project/Purpose

Principal Amount

Debt Service

World Congress Center Design and Land Acquisition
Agriculture Exposition Authority

32,000,000 3,000,000

3,360,000 315,000

THURSDAY, JANUARY 28, 1988

399

Wildlife Management and Fishing Area Land Acquisition
Asbestos Abatement Projects
Library Construction Regents Projects at Gainesville
Col., Kennesaw Col., Georgia State, Albany State and Georgia Southern Telfair County C.I. Four Detention Centers Local School Construction

3,500,000
5,000,000 16,850,000
45,750,000 20,000,000 10,400,000 154,615,000

367,500
525,000 1,769,250
4,803,750 2,100,000 1,092,000 16,234,575

Section 74. 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 75. 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 76. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989.................................................................................$ 5,934,138,339

Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 78. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1267, designating Representative McDonald of the 12th as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1267 back to the House with the recommendation that the same Do Pass, by Appropriations Committee substitute, as amended.

The following amendment was read and adopted:

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Representative McDonald of the 12th moves to amend the Committee substitute to HB 1267 by adding as a new paragraph between lines 4 and 5, page 66 the following:
"In the event any property acquired by the proceeds of the bonds issued on behalf of the World Congress Center is utilized for the construction of a stadium or athletic complex to be used by other than a State Agency then any lease of such property shall be approved by the Fiscal Affairs Subcommittee."

The following amendment was read:

Representative Hensley of the 20th moves to amend the Committee substitute to HB 1267 by striking all on lines 8 and 9, page 38, and by amending the totals accordingly.

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 Y Barnett.B Y Barnett.M
NBeck N Benefield N Benn N Birdsong
Bishop N Bostick Y Branch
N Brooks N Brown NBuck N Buford NByrd
Carrell N Carter N Chambless
N Chance N Cheeks N Childers N Clark.B Y Clark.H N Clark.L Y Colbert

N Coleman N Colwell
N Connell N Couch NCox N Crawford N Crosby Y Cummings.B N Cummings.M N Davis.G Y 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 Y Gresham N Griffin N Groover
N Hamilton N Manner N Harris
N Hasty N Heard N Hensley Y Herbert N Holcomb

Holmes
N Hooks N 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 N Lucas N Lupton N Mangum N Martin
N McCoy N McDonald
N McKelvey McKinney
N Meadows N Milam N Milford N Mobley
N Moody Y Moore Y Morton

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

On the adoption of the amendment, the ayes were 41, nays 132. The amendment was lost.

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

Representative Hensley of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

THURSDAY, JANUARY 28, 1988

401

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 N Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom N Bannister
Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong
Bishop Y Bostick N Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B N Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummii ^ Y Cummings,M 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 Y Green Y Greene Y Greer
N Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris Y Hasty 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 N Lawrence Y Lawson YLee N Linder
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore N Morton

Y Mostiler Y Moultrie
Y Mueller Y 01iver,C Y Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinks ton N Pittman Y Porter N Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall N Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman N 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
Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts Y White N Wilder Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Pinkston of the 100th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1267, by substitute, as amended, was ordered immediately transmitted to the Senate.
The Speaker announced the House in recess until 1:45 o'clock this afternoon.

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 667. By Representative Padgett of the 86th: A resolution in memory of Mr. Lawrence Howard James.
HR 668. By Representatives Benn of the 38th, Sinkfield of the 37th, Holmes of the 28th, Orrock of the 30th, Williams of the 54th and others: A resolution commending Dr. Alonzo A. Crim.
HR 669. By Representative Lane of the 27th: A resolution commending the Georgia Recreation and Park Society.
HR 670. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th: A resolution honoring Cris Carpenter.
HR 671. By Representative Carrell of the 65th: A resolution congratulating John Troy Preston IV on becoming an Eagle Scout.
HR 672. By Representatives Milford of the 13th and Clark of the 13th: A resolution commending and congratulating the official chartering of Flotilla 25 of the Second Division of the Seventh District of the United States Coast Guard Auxiliary.
HR 673. By Representatives Moultrie of the 93rd, Greene of the 130th, Holmes of the 28th, Goodwin of the 63rd, Patten of the 149th and others: A resolution wishing Frances S. Duncan a speedy recovery.
HR 674. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, McKelvey of the 15th, Wilder of the 21st and others: A resolution commending the Veterans Administration's national salute to hospitalized veterans.
HR 675. By Representatives Peters of the 2nd and Ramsey of the 3rd: A resolution commending the Catoosa County Area Chamber of Commerce.
HR 676. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Ransom of the 90th, Brown of the 88th and Walker of the 85th: A resolution expressing sympathy at the passing of Dr. Robert B. Greenblatt, professor emeritus at the Medical College of Georgia.

THURSDAY, JANUARY 28, 1988

403

HR 677. By Representatives Lane of the 27th, Bostick of the 138th, Greene of the 130th, Branch of the 137th, Cox of the 141st and others:
A resolution commending R. M. (Bob) Bullington.

HR 678. By Representatives Isakson of the 21st, Jackson of the 9th, Colbert of the 23rd, McDonald of the 12th, Clark of the 20th and others:
A resolution commending Honorable Carl Harrison.

HR 679. By Representative Mobley of the 64th: A resolution commending Mary S. Benton.

HR 680. By Representatives Cheeks of the 89th, Ransom of the 90th, Padgett of the 86th, Brown of the 88th, Connell of the 87th and Walker of the 85th:
A resolution commending Mrs. Linda Beazley.

HR 681. By Representatives Shepard of the 71st, Walker of the 115th, Murphy of the 18th and Lee of the 72nd:
A resolution commending Mr. Kim Stephens.

HR 682. By Representative Stancil of the 66th: A resolution commending Susan Wiley.

HR 683. By Representative McDonald of the 12th: A resolution commending Jan Fletcher.

HR 684. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A resolution commending Mary Emily Deal.

HR 685. By Representatives Buck of the 95th, Bishop of the 94th, Robinson of the 96th, Smyre of the 92nd, Moultrie of the 93rd and Galer of the 97th:
A resolution commending April Parker.

HR 686. By Representatives Clark of the 13th and Milford of the 13th: A resolution commending Patti Ayers.

HR 687. By Representative Chance of the 129th: A resolution commending Heather Shearouse.

HR 688. By Representative Rainey of the 135th: A resolution commending Susan Hurt.

HR 689. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution commending Jill Sirmans.

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JOURNAL OF THE HOUSE,

HR 690. By Representative Chance of the 129th: A resolution commending Rebecca Heidt.

HR 691. By Representative Stancil of the 66th: A resolution commending Holly Hardigree.

HR 692. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution commending Tonya Black.

HR 693. By Representatives Bostick of the 138th and Carter of the 146th: A resolution commending Leslie Pannell.

HR 694. By Representatives Stancil of the 66th, Thurmond of the 67th, Stephens of the 68th, Buck of the 95th, Reaves of the 147th and Thomas of the 69th:
A resolution recognizing the 4-H Clubs of Georgia.

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

HR 695. By Representatives Thomas of the 69th and Simpson of the 70th:
A resolution commending the 1987 Central of Carrollton Lions football team and inviting the team to be recognized by the House of Representatives.

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

HB 358. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-2-29 of the Official Code of Georgia Anno tated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, so as to provide for a one-time cost-of-living increase in benefits for certain beneficiaries under said retirement system.

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

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

Benn Birdsong Y Bishop
Bostick Y Branch
Brooks
Y Brown Y Buck Y Buford
Byrd Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers

Clark.B Y Clark,H
Clark.L
Y Colbert Y Coleman Y Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings.B Cummmgs.M
Y Davis.G N Davis.M
Dixon

Dobbs Y Dover
Dunn
Edwards Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green
Greene Y Greer
Gresham Y Griffin Y Groover

Y Hamilton Hanner
Y Harris
Y Hasty 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

THURSDAY, JANUARY 28, 1988

405

Y Johnson.R Y Kilgore Y Kingston
Lane,D Lane.R Y Langford
Lawler
Lawrence Y Lawson YLee
Linder YLong
Lord Lucas N Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey

McKinney Y Meadows
Y Milam Milford
Y Mobley Y Moody Y Moore
Morton Mostiler Y Moultrie Mueller Y Oliver.C Y Oliver.M Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters

Y Pettit Y Phillips
Pinks ton 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
Ricketson Y Robinson Y Royal Y Selman

Y Shepard Y Sherrod Y Simpson
Sinkfield
Sizemore Y Smith.L
Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas,C
Thomas.M Y Thompson
Y Thurmond Y Tolbert

N Townsend Y Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C Walker.L
Y Wall Y Ware Y Watson
Y Watts White
N Wilder
Williams.B Williams.J
Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 118, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representatives Carrell of the 65th and Lane of the lllth stated they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HB 357. By Representative Johnson of the 72nd:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment; to provide for a definition and for other matters relative thereto.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize the board of trustees of said retirement system to provide by rule or regulation for the payment of benefits as necessary to maintain the retirement system as a "qualified retirement plan" for the pur poses of federal income tax laws; to provide for a postretirement benefit adjustment and for a definition relative thereto; 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 adding at the end of Code Section 47-3-101, relating to eligibility for retirement benefits and application therefor, a new subsection (d) to read as follows:
"(d) The board of trustees is authorized to provide by rule or regulation for the pay ment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment

406

JOURNAL OF THE HOUSE,

is required to maintain the Teachers Retirement System of Georgia as a 'qualified retirement plan' for the purposes of federal income tax laws."

Section 2. Said chapter is further amended by adding in Article 7 of said chapter,

relating to retirement and other benefits, immediately following Code Section 47-3-126.2

a new Code Section 47-3-126.3 to read as follows:

"47-3-126.3. (a) As used in this Code section, the word 'beneficiary' shall have the

meaning specified in paragraph (7) of Code Section 47-3-1 and shall also mean and

include any retired public school teacher who retired pursuant to any county, municipal,

or local board of education retirement or pension system.

(b) Subject to the limitations of subsection (c) of this Code section, effective July 1,

1988, the monthly retirement benefit of each beneficiary shall be increased by a percent

age which varies in accordance with the time of retirement as follows:

Time of Retirement

Percentage Increase

Prior to July 1, 1964..................................................................................................................15.0

July 1, 1964 through June 30, 1969.........................................................................................13.0

July 1, 1969 through June 30, 1970.........................................................................................10.0

July 1, 1970 through June 30, 1971...........................................................................................8.0

July 1, 1971 through June 30, 1972...........................................................................................7.0

July 1, 1972 through June 30, 1973...........................................................................................6.0

July 1, 1973 through June 30, 1974...........................................................................................5.5

July 1, 1974 through June 30, 1975...........................................................................................5.0

July 1, 1975 through June 30, 1976...........................................................................................4.0

July 1, 1976 through June 30, 1977...........................................................................................3.5

July 1, 1977 through June 30, 1978...........................................................................................3.0

July 1, 1978 through June 30, 1979...........................................................................................2.5

July 1, 1979 through June 30, 1980...........................................................................................2.0

July 1, 1980 through June 30, 1981...........................................................................................1.5

July 1, 1981 through June 30, 1982...........................................................................................1.0

July 1, 1982 through June 30, 1983...........................................................................................0.5

July 1, 1983 through June 30, 1984...........................................................................................0.5

After June 30, 1984......................................................................................................................0.0

(c) The full percentage increase provided for in subsection (b) of this Code section

shall apply only to those beneficiaries who had 20 or more years of creditable service

at the time of retirement. For those beneficiaries who had at least ten but less than 20

years of creditable service at the time of retirement, the monthly benefit increase pro

vided for by subsection (b) of this Code section shall be reduced by 5 percent for each

year less than 20 years of creditable service. Beneficiaries who had less than ten years

of creditable service shall not receive an increase in their monthly retirement benefit

under this Code section. No one person's retirement benefit or combination of retire

ment benefits shall exceed $1,500.00 per month as a result of an increase in the monthly

retirement benefit under this Code section."

Section 3. This Act shall become effective on July 1, 1988.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Y Adams.M Aiken
Y Alford Y Alien Y Athon

Atkins Y Bailey
Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnett.M

Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch

Brooks Y Brown
Y Buck Y Buford
Byrd Y Carrell Y Carter

Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L

THURSDAY, JANUARY 28, 1988

407

Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings,B Cummings.M
Y Davis.G N Davis.M
Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster
Y Galer Y Godbee Y Goodwin
Green Greene Y Greer Y Gresham Y Griffin Y Groover

Hamilton Y Manner Y Harris Y Hasty
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
Lane.D Lane.R Y Langford Lawler Lawrence Y Lawson YLee Linder YLong Lord

Y Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore
Morton Mostiler Y Moultrie
Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips

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

Y Stancil Stanley
Y Steinberg Y Stephens
Y Thomas.C Thomas.M
Y Thompson Y Thurmond Y Tolbert N Townsend Y Triplet!
Y Twiggs Waddle
Y Waldrep Walker.C Walker.L
Y Wall Y Ware Y Watson Y Watts
White Wilder Williams.B Williams.J Y Wilson Y Wood Y Workman Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Lane of the lllth, Morton of the 47th, Lane of the 27th and Smith of the 152nd stated they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 106. By Representatives Reaves of the 147th and Bostick of the 138th:
A bill to amend Code Section 47-6-70 of the Official Code of Georgia Anno tated, relating to creditable service under the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to authorize members of the General Assembly who declined membership in a public retirement system to become members of the retirement system and to authorize such members to receive creditable service for cer tain prior service as a member of the General Assembly; to authorize present members of the retirement system to receive creditable service for certain prior service as a member of the General Assembly; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, is amended by adding at the end of Code Section 47-6-42, relating to the election of members of the General Assembly to become members of the system, a new subsection (e) to read as follows:

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JOURNAL OF THE HOUSE,

"(e) (1) Any other provisions of subsection (a) of this Code section to the contrary notwithstanding, any member of the General Assembly who was serving as such on April 13, 1979, and who, pursuant to said subsection (a) of this Code section, elected not to become a member of a public retirement system may at any time from July 1, 1988, until December 31, 1988, elect to become a member of this retirement system. Such election shall be made within such time limitation by written application to the board of trustees to become a member of this retirement system.
(2) Any other provisions of this chapter to the contrary notwithstanding, any member of the General Assembly who elects to become a member of this retirement system pursuant to paragraph (1) of this subsection may obtain creditable service under this chapter for all or any part of prior service as a member of the General Assembly rendered after December 31, 1978, by paying to the board of trustees the employer and employee contributions which would have been paid to the retirement system by or on behalf of the member of the General Assembly if such member had been a member of the retirement system during the period for which creditable service is obtained, plus regular interest thereon compounded annually from the time the prior service was rendered until the date of payment.
(3) For the purposes of paragraph (2) of this subsection: (A) The rate of the employer contribution shall be determined by the board of
trustees on the basis of the state payments which were made to fund the retirement system during the period of prior service for which creditable service is obtained;
(B) The rate of the employee contribution shall be the rate specified in subsec tion (a) of Code Section 47-6-60, without any reduction because of subsection (d) of Code Section 47-6-60, plus the additional rate specified by subsection (f) of Code Section 47-6-60 for service after June 30, 1986; and
(C) Regular interest shall be at the rate determined by the board of trustees under subsection (g) of Code Section 47-6-22 which is in effect at the time the application for creditable service is filed with the board of trustees. (4) A member of the General Assembly seeking to obtain creditable service author ized under paragraph (2) of this subsection shall apply therefor to the board of trustees at the time such member applies for membership in the retirement system under paragraph (1) of this subsection. The board of trustees shall certify to the appli cant the amount of payments required under paragraph (2) of this subsection. Such payments must be made by December 31, 1988, and no creditable service may be obtained under this Code section after that date."
Section 2. Said chapter is further amended by designating the present language of Code Section 47-6-70, relating to creditable service under the retirement system, as subsec tion (a) thereof and by adding at the end thereof a new subsection (b) to read as follows:
"(b) Any member who has prior service as a member of the General Assembly rendered after July 1, 1967, for which creditable service under this retirement system has not been obtained shall receive creditable service for such prior service subject to the following conditions and requirements:
(1) The prior service as a member of the General Assembly must have been rendered while the member was a contributing member of either this retirement system or the Employees' Retirement System of Georgia;
(2) Employee contributions made by the member during the period of such prior service must not have been withdrawn by the member; and
(3) Creditable service obtained under this subsection shall be applicable only to the Georgia Legislative Retirement System and shall have no application whatsoever to the Employees' Retirement System of Georgia or to any rights retained under that retirement system pursuant to the provisions of subsection (d) of Code Section 47-6-42."

Section 3. This Act shall become effective on July 1, 1988. Section 4. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, JANUARY 28, 1988

409

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
Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop
Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Childers Clark,B Y Clark.H Y Clark.L Y Colbert

Coleman Y Colwell
Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.G
Davis,M Dixon Y Dobbs Y Dover Dunn Y Edwards Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Greene Y Greer
Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Hensley Y 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
Lane.D Lane.R Y Langford Y Lawler Lawrence Y Lawson YLee Linder YLong Lord Y Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney Y Meadows
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

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

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

On the passage of the Bill, by substitute, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

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 adhere to its position and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate.

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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 Alford of the 57th, Barnett of the 10th and Couch of the 40th.

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

HB 1276.

By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of education to vary the length of school years under certain circum stances.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Qual ity Basic Education Act," so as to authorize local boards of education to vary the length of school years under certain circumstances; to provide for related matters; to provide for an automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Qual ity Basic Education Act," is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) (1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student 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 180 days of instruction in accordance with the provisions of this subsection, and shall define the length of the school day.
(2) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of emergency, disaster, act of God, 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 through out the state.
(3) In the event that at the end of the last complete week of the school year four or fewer days remain for completion of the regular 180 day school year, a local board of education may, without the necessity of authorization from the state board, elect not to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the

THURSDAY, JANUARY 28, 1988

411

discretion of the local board, at the end of the last school day of the last complete week of the school year otherwise provided for in this Code section. The provisions of this paragraph shall not limit the authority of the state board under paragraph (2) of this subsection.
{3} (4) Each fiscal year shall begin on July 1 and end on June 30 of the following year."
Section 2. Effective July 1, 1990, paragraph (3) of subsection (c) of said Code Section 20-2-168 (as added by this Act) shall be repealed and paragraph (4) of subsection (c) of said Code section shall be renumbered as paragraph (3) of subsection (c).
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L Y Colbert

Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M 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 Greene
Y Greer
Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty 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
Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver.C Y Oliver.M
Orrock
Y Padgett Pannell
Y Parham Y Parrish
Patten Y Peters Y 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 Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Smith.L Smith.P Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend
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 Y Wilson YWood Y Workman Y Yeargin
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.

HB 1307.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-30 of the Official Code of Georgia Anno tated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees.

412

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 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 305. By Representative Reaves of the 147th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agri cultural Exposition Authority shall become members of said retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all offi cers and employees of the Georgia Agricultural Exposition Authority shall become mem bers of said retirement system; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-2-316 to read as follows:
"47-2-316. (a) As used in this Code section, the term 'Georgia Agricultural Exposi tion Authority' or 'authority' means the Georgia Agricultural Exposition Authority established by Part 8 of Article 7 of Chapter 3 of Title 12, known as the 'Georgia Agri cultural Exposition Authority Act.'
(b) Effective on July 1, 1988, or on first becoming officers or employees of the Georgia Agricultural Exposition Authority, all such officers and employees shall become members of the retirement system. Any officer or employee of the authority who was already a member of the retirement system on July 1, 1988, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1988, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. Except as otherwise provided in this subsection, any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334.
(c) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated or otherwise available for the operation of the Georgia Agricultural Exposition Author ity. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
Section 2. This Act shall become effective on July 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 sub stitute, was agreed to.

THURSDAY, JANUARY 28, 1988

413

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 N Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Bishop
Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L Y Colbert

Coleman
Y Colwell Y Connell
Y Couch YCox Y Crawford
Crosby Y Cummings.B Y Cummings,M
Y Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd
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
Heard Y Hensley Y Herbert Y Holcomb

Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson TJ 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
Linder Y Long
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish
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 Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Smith.P 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 Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White N Wilder Y Wiltiams.B
Williams,J N Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

HB 1244.

By Representatives Cox of the 141st, Bargeron of the 108th, Greene of the 130th and Lord of the 107th:
A bill to amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fish ing licenses issued to blind persons.

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
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 Y Brooks Brown YBuck

Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Clark.B Clark.H
Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Couch

414

JOURNAL OF THE HOUSE,

YCox
Crawford Y Crosby
Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Feiton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Greaham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty

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 Y Langford
Lawler Y Lawrence Y Lawson YLee
Linder YLong
Lord Y Lucas Y Lupton Y Mangum

Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Y Milford Mobley
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M
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 Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith.P 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 Tolbert 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 Williams,J Y Wilson
Y Wood Workman
Y Yeargin Murphy.Spkr

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

HB 1308.

By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Anno tated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to Georgia National Guard license plates, is amended by striking said Code section in its entirety and inserting in lieu thereof & new Code section to read as follows:
"40-2-65. (a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter2 shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such plate at a time. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant gen eral of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard.

THURSDAY, JANUARY 28, 1988

415

(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such plate at a time. The license plates issued pur suant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard.
(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the trans fer of free National Guard license plates. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certif icate to the effect that such member has been discharged, and thereupon the commis sioner shall reissue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall reissue a National Guard license plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commis sioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep cur rent such lists for public information and inquiry.
(d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private passenger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

416

JOURNAL OF THE HOUSE,

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

Y Aaron Adams.G
Y Adams.M 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 Birdsong Bishop Y Bostick Y Branch Y Brooks Brown YBuck Y Buford Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford
Crosby
Y Cummings.B Y Cummings.M 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 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 Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long
Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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
Ransom Y Ray
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Sizemore
Y Smith.L Smith.P Smith.T
Y Smith, W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond Y Tolbert 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
Y Wilson Wood Workman
Y Yeargin 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 substi tute.

HB 1328.

By Representative Jackson of the 9th:
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, so as to provide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for the regis tration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, JANUARY 28, 1988

417

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, is amended by striking sub section (b) and subsection (d) of Code Section 40-2-20.1, relating to staggered registration of motor vehicles, and inserting, respectively, in lieu thereof a new subsection (b) and a new subsection (d) to read as follows:
"(b) Except as authorized in subsection (c) of this Code section, in each county to which the provisions of this Code section are made to apply as provided in subsection (f) of this Code section, the owner of every vehicle registered in the previous calendar year shall, between January 1 and May 1 of each year, register and obtain a license to operate such vehicle prief to not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor.
(d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1, be subject to a $15.00 late registration penalty. Such penalty shall be paid prior to obtain ing a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. The penalty provided for in this subsection shall be waived if the penalties provided for in Code Section 40-2-37 are waived or are determined not to be applicable under rules or regulations issued by the commissioner."
Section 2. Said article is further amended by striking Code Section 40-2-42, relating to the theft, loss, or mutilation of license plates, in its entirety and inserting in lieu thereof a new Code section to read as follows:
"40-2-42. (a) Except as provided in subsection (bl of this Code section, the T-he owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department of Revenue, Motor Vehicle Division with a fee of $2.00 to obtain a duplicate license plate or revalidation decal.
(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of license plate or decal and submitting a copy of a police report, shall not apply."
Section 3. Said article is further amended by striking subsection (b) of Code Section 40-2-29, relating to motor vehicle license plates, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of seven five years. Every seven five years a new metal license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal

418

JOURNAL OF THE HOUSE,

license plates issued m or after January lj 1076, which were originally intended for use tor a period or live years, snail continue to we used until replaced oy tnc issuance or new metal license plates beginning on January ~t^ uotij provided, nowever, tnat special bicentennial license plates issued m 1076 may continue to be used after December 3ir 1082, and the commissioner shall isstte a special revalidation dccal for such license plates in 1983 and regular revalidation decals through 1080. Ne bicentennial license plate may be renewed after the tag year 1080. Metal license plates issued on or after January 1^ 1983, may be used until December 31, 1989. Metal license plates issued on or after Janu ary Ij 1990, shall be used for a period of five years. Bicentennial license plates issued in 1976 shall not be used after tag year 1989."
Section 4. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1988.
(b) Section 3 of this Act shall become effective on January 1, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
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
Birdsong Bishop Y Bostick Y Branch Y Brooks Brown YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
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
Manner Y Harris
Y Hasty 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 Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

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

Sizemore Y Smith.L
Smith.P Smith.T Y Smith.W Y Smyre Y Snow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplet! 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 Y Wilson Y Wood
Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1334.

By Representatives Jackson of the 9th and Johnson of the 72nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to authorize the department to cor rect records which contain improper, false, fraudulent, or invalid information.

THURSDAY, JANUARY 28, 1988

419

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the department to correct records which contain improper, false, fraudulent, or invalid information; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding at the end of Code Section 40-5-2, relating to drivers' licensing records, a new subsection (j) to read as follows:
"(j) The department, pursuant to rules and regulations promulgated by the commis sioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information."
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 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 Birdsong
Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L
Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M 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
Manner
Y Harris Hasty
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
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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M 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
YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Sizemore Y Smith.L
Smith.P Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
YWare Y Watson Y Watts
White Wilder Williams.B Williams,J Y Wilson Y Wood Workman
Y Yeargin 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 substi tute.

420

JOURNAL OF THE HOUSE,

HB 1337.

By Representatives Jackson of the 9th, Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators, so as to provide that a person who has been declared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony.

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
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
Brooks Y Brown YBuck
Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch YCox Y Crawford
Crosby Y Cummings.B Y Cummings,M 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 Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty 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
Lane.D Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under
Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett
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 Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L
Smith.P Smith.T Y Smith.W Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson Watts White Wilder Williams.B Williams,J Y Wilson
Y Wood Workman
Y Yeargin 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 1272.

By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1272 by adding after the word "thereof on line 8 of page 1 the following:

THURSDAY, JANUARY 28, 1988

421

; to provide for the advertising of notices and the costs and procedures connected therewith".
By adding after the word "fee" on line 12 of page 5 the following:
", any certificate required by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1".
By adding, following Code Section 14-2-201, between lines 8 and 9 of page 16 a new Code Section 14-2-201.1 to read as follows:
"14-2-201.1. (a) Together with the articles of incorporation, the incorporator or incorporators shall deliver to the Secretary of State a certificate executed by an incorpo rator verifying that the request for publication of a notice of intent to file the articles of incorporation and payment therefor have been made as required by subsection (b) of this Code section.
(b) Prior to filing the articles of incorporation, the incorporator shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the ini tial registered office of the corporation is to be located or which is a newspaper of gen eral circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circu lation a request to publish a notice in substantially the following form:
'NOTICE OF INTENT TO INCORPORATE
Notice is given that articles of incorporation which will incorporate __ (name of corporation) will be
delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation will be located at _______________________________ (address of registered office) and its initial registered (agent) (agents) at such address (is) (are) _____________________________________ (name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the incorporator to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the incorpo ration of the corporation or the filing of the articles of incorporation."
By striking "shall" and inserting in lieu thereof "may" on line 23 of page 69.
By inserting, following Code Section 14-2-1006, between lines 11 and 12 of page 123 the following:
"14-2-1006.1. (a) Together with any articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation verifying that the request for publication of a notice of intent to file articles of amendment to change the name of the corporation and payment therefor have been made as required by subsection (b) of this Code section.
(b) Prior to filing any articles of amendment which change the name of the corpora tion, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:

422

JOURNAL OF THE HOUSE,

'NOTICE OF CHANGE OF CORPORATE NAME
Notice is given that articles of amendment which will change the name of _________________________________ (present corporate name) to _______________________________ (proposed corporate name) will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at _______________________________ (address of registered office).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation."
By inserting between lines 22 and 23 of page 132 the following:
"14-2-1105.1. (a) Together with the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall deliver to the Secretary of State a certificate executed by an officer of such corporation verifying that the request for publication of a notice of intent to file the articles or certificate of merger or share exchange and payment therefor have been made as required by subsection (b) of this Code section.
(b) Prior to filing the articles or certificate of merger or share exchange, the sur viving or acquiring corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving or acquiring corporation is to be located or which is a newspaper of general circulation pub lished within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF (MERGER) (SHARE EXCHANGE)
Notice is given that articles or a certificate of (merger) (share exchange) which will effect a (merger) (share exchange) by and between _______________________________ (name and state of incorporation of each of the constituent corporations) will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The name of the (surviving) (acquiring) corporation in the (merger) (share exchange) will be _______________________________, a corporation incorporated in the State of ___________________. The registered office of such corporation (is) (will be) located at _________________________________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) _________________________________ (name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the surviving or acquiring corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the merger or share exchange."
By striking "or consolidating" on line 16 of page 138.
By striking "of and inserting "or" in lieu thereof on line 33 of page 138.
By inserting between lines 20 and 21 of page 164 the following:

THURSDAY, JANUARY 28, 1988

423

"14-2-1403.1. (a) Together with the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation verifying that the request for publication of a notice of intent to voluntarily dissolve the corporation and payment therefor have been made as required by subsection (b) of this Code section.
(b) Prior to filing the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:

'NOTICE OF INTENT TO VOLUNTARILY DISSOLVE A CORPORATION

Notice is given that a notice of intent to dissolve

(name of corporation), a Georgia

corporation

with

its

registered

office

at

_______________________________ (address of registered office), will

be delivered to the Secretary of State for filing in accordance with the Georgia Busi

ness Corporation Code.'

The notice may also include the information specified in Code Section 14-2-1407. The

request for publication of the notice shall be accompanied by a check, draft, or money

order in the amount of $40.00 in payment of the cost of publication. The notice shall

be published once a week for two consecutive weeks commencing within ten days after

receipt of the notice by the newspaper. Failure on the part of the corporation to mail

or deliver the notice or payment therefor or failure on the part of the newspaper to pub

lish the notice in compliance with this subsection shall not invalidate the dissolution of

the corporation."

By striking Code Section 14-2-1407 from line 7 of page 167 through line 32 of page 168 and inserting in lieu thereof the following:

"14-2-1407. (a) A corporation that has filed a notice of intent to dissolve may include in the notice of its intent to dissolve published under Code Section 14-2-1403.1 a request that persons with claims against the corporation present them in accordance with subsection (b) of this Code section.
(b) The request must: (1) Describe the information that must be included in a claim and provide a mail
ing address where the claim may be sent; and (2) State that, except for claims that are contingent at the time of the filing of the
notice of intent to dissolve or that arise after the filing of the notice of intent to dis solve, a claim against the corporation not otherwise barred will be barred unless a pro ceeding to enforce the claim is commenced within two years after the publication of the notice. (c) If a corporation that has filed a notice of intent to dissolve publishes a newspaper notice containing the information specified in subsection (b) of this Code section, all claims not otherwise barred will be barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after the publi cation date of the newspaper notice except:
(1) Claims that are contingent at the time of the filing of the notice of intent to dissolve; and
(2) Claims that arise after the filing of the notice of intent to dissolve. (d) If a corporation in dissolution publishes a newspaper notice containing the information specified in subsection (b) of this Code section, a claim not otherwise barred of a claimant whose claim is contingent or based on an event occurring after the filing of the notice of intent to dissolve is barred against the corporation, its shareholders, offi cers, and directors unless the claimant commences a proceeding to enforce the claim

424

JOURNAL OF THE HOUSE,

against the dissolved corporation within two years after the date of filing of articles of dissolution or five years after the date of publication in accordance with subsection (b) of this Code section, whichever is later.
(e) Subject to the provisions of this Code section, a claim against a corporation in dissolution or against a dissolved corporation may be enforced under this Code section:
(1) Against the corporation, to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a shareholder of the corporation to the extent of his pro rata share of the claim or the corporate assets dis tributed to him in liquidation, whichever is less, but a shareholder's total liability for all claims under this Code section may not exceed the total amount of assets distrib uted to him."
By striking from line 3 of page 172 the following:

By striking the period at the end of line 8 of page 172 and inserting in lieu thereof the following:

By adding at the end of Code Section 14-2-1420, between lines 8 and 9 of page 172, a new paragraph (5) to read as follows:
"(5) Any notice which is required to be published by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1 has not been published."
By adding a sentence after the period on line 19 of page 195 to read as follows:
"However, the right to inspection enumerated in subsection (c) of this Code section may be limited by a corporation's articles of incorporation or bylaws to shareholders owning 2 percent or less of the shares outstanding."
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
Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown Y Buck Y Buford Y Byrd
Carrell
Y Carter

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

Y Godbee Y Goodwin Y Green Y Greene
Greer N Gresham N Griffin
Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Hensley Y Herbert Y Holcomb Y Holmes
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 Y Lawler N Lawrence
Y Lawson Y Lee Y Linder
Y Long
Y Lord Y Lucas Y Lupton Y Mangura Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam N Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C

Y Oliver.M 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 Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman

THURSDAY, JANUARY 28, 1988

425

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

N 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 Tolbert
Y Townsend
Y Triplet! 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 Y Wilson
Y Wood
Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 149, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

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.

The following Committee substitute was read:

A BILL
To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to definitions; to authorize the use of pharmaceutical agents for certain treatment and diagnostic purposes by optometrists and provide for qualifications, conditions, procedures, and standards of care relating thereto; to provide for criminal penalties; to provide for civil and criminal immunity of pharmacists regarding the use by optometrists of certain pharmaceutical agents; to provide for an Optometrists' Pharmaceuticals Utilization Review Committee and its composition, terms, vacancies, compensation and expenses, organization, meetings, duties, and functions; to provide for disciplinary actions and for lists of pharmaceutical agents and objections thereto; to provide for judicial review of certain actions and provide for parties thereto; to change certain provisions relating to continuing education requirements and statutory construction; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking in its entirety paragraph (2) of Code Section 43-30-1, relating to definitions affecting optometrists, and inserting in its place a new para graph (2) to read as follows:
"(2) 'Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpre tation of the visual behavior of the human organism by the employment of any means other than the use of drugs, medicine, or surgery. The practice of optometry further con sists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual train ing, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of drugs, medicine, or surgery. Nothing in this chapter shaH prohibit th trse The practice of optometry further consists of the use, specifically including, but not limited to, prescription and administration but not including dispensing for compen sation, of pharmaceutical agents topically applied te the eye for diagnostic and treat ment purposes in the practice of optometry as provided in Code Section 43-30-5.1 and

426

JOURNAL OF THE HOUSE,

Code Section 43-30-5.2 fey optometrists who have received pharmacological training atid certification from a properly accredited institution ef higher learning and who are ccrtified by th board te se pharmaceutical agents for diagnostic purposes."
Section 2. Said chapter is further amended by adding after Code Section 43-30-5 two
new Code sections to read as follows: "43-30-5.1. (a) An optometrist may use pharmaceutical agents for diagnostic pur
poses, treatment purposes, or both diagnostic and treatment purposes in the practice of optometry only if that optometrist has received pharmacological training and certifi cation from a properly accredited institution of higher learning and has been certified by the board thus to use pharmaceutical agents.
(b) Only a doctor of optometry who is already certified for using pharmaceutical agents for diagnostic purposes and who has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of occular diseases shall be certified to use pharmaceutical agents for treatment purposes.
(c) Unless written, dated, and signed approval is given by an ophthalmologist as pro vided in this subsection, a doctor of optometry shall not administer or prescribe any pharmaceutical agent:
(1) For the treatment of glaucoma, including but not limited to any topically applied pharmaceutical agent otherwise valid for use under subsection (h) of Code Section 43-30-5.2; or
(2) Which is administered orally or by injection. Only an ophthalmologist who is licensed to practice medicine under Chapter 34 of Title 43 shall be authorized to provide a written approval under this subsection. That approval shall be valid for only the patient named therein and for only such pharma ceutical agent or agents listed therein for that patient. That approval shall be valid for no longer than 12 months from the date upon which the approval is signed, unless the approval by its terms provides for a shorter period of validity.
(d) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the standard of care imposed by Code Section 51-1-27.
(e) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a mis demeanor unless a greater penalty is otherwise provided by law.
(f) Nothing in this chapter shall be construed to imply liability, either civil or crim inal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription presented by a patient pursuant to this chapter. The pharmacist shall presume that the prescription was issued by a duly licensed optometrist under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the optometrist is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary.
43-30-5.2. (a) As used in this Code section, the term 'committee' means the Optometrists' Pharmaceuticals Utilization Review Committee created under subsection (b) of this Code section.
(b) There is created an Optometrists' Pharmaceuticals Utilization Review Committee which shall be composed of five members as follows:
(1) One member and one alternate member shall be appointed by the Composite State Board of Medical Examiners and both shall be members of such board and licensed to practice medicine by that board;
(2) One member and one alternate member shall be appointed by the Composite State Board of Medical Examiners and neither shall be a member of such board but both shall be ophthalmologists licensed to practice medicine by that board;
(3) One member and one alternate member shall be appointed by the State Board of Examiners in Optometry and both shall be members of such board and licensed to practice optometry by that board;
(4) One member and one alternate member shall be appointed by the State Board of Examiners in Optometry and neither shall be a member of such board, but both shall be licensed to practice optometry by that board; and

THURSDAY, JANUARY 28, 1988

427

(5) One member and one alternate member shall be appointed by the State Board of Pharmacy and both shall be members of such board and licensed to practice phar macy by that board. (c) One member and one alternate appointed by the Composite State Board of Medi cal Examiners shall be appointed to serve for initial terms of two years each, and the other member and alternate appointed by that board shall be appointed to serve for ini tial terms of four years each. One member and one alternate appointed by the Board of Examiners in Optometry shall be appointed to serve for initial terms of two years each, and the other members and alternate appointed by that board shall be appointed to serve for initial terms of four years each. The one member and one alternate appointed by the State Board of Pharmacy shall be appointed for initial terms of three years each. Upon expiration of the initial term, each member and each alternate of the committee shall be appointed for terms of four years each. Any vacancy that may occur from any cause shall be filled for the unexpired term by the board which made the orig inal appointment.
(d) Each alternate shall be assigned to be the alternate for a specified member. A member and that member's alternate shall not both vote at any meeting.
(e) The failure of any board to appoint members or alternates to serve on the committee shall not prevent the committee from performing its responsibilities under this Code section.
(f) The committee shall annually elect a chairman and vice-chairman who shall hold their offices until their successors are elected and qualified. Neither of these offices shall be held by members appointed by the same board. The committee may prescribe such
procedural rules as are necessary to govern itself in performing its responsibilities under this Code section. Each member of the committee shall receive for each meeting of the committee which that member attends the same expenses and allowances authorized for
members of state examining boards pursuant to subsection (f) of Code Section 43-1-2.
(g) The committee shall meet quarterly. At each meeting, the committee shall review complaints submitted by any patient or any patient's designee against optometrists aris
ing from the use of pharmaceutical agents in the treatment of eye diseases. Following review of such complaints, the committee is authorized to make recommendations to the State Board of Examiners in Optometry as to whether disciplinary action pursuant to
this chapter should be initiated. The State Board of Examiners in Optometry shall carry out any such recommendation for disciplinary action within a 90 day period following receipt thereof.
(h) (1) The State Board of Examiners in Optometry shall establish a list, which
may be modified by such board from time to time, of topically applied pharmaceutical agents which optometrists shall be allowed to use for treatment purposes. This list shall be submitted to the committee at a quarterly meeting. Subsequent modifications
to the list shall likewise be submitted to the committee at quarterly meetings. (2) If the committee objects to the inclusion in a list or modification thereof sub
mitted under paragraph (1) of this subsection of any topically applied pharmaceutical agent, that objected to agent may not be used for topical application for treatment
purposes by any optometrist until its inclusion on the list or modification thereof is not objected to. Any such objection shall be valid only if made by a majority of the
five members of the committee at its quarterly meeting held within 100 days following the submission of the list or modification thereof. Reasonable grounds for any such
objection shall be clearly specified in writing by the committee. Any topically applied pharmaceutical agent which is on the list but has not been objected to as provided in this paragraph shall be valid for use in eye treatments by optometrists qualified
under Code Section 43-30-5.1. (3) If the committee fails to hold a meeting during any quarter, pharmaceutical
agents submitted any previous quarter and not objected to as provided in paragraph (2) of this subsection shall be considered valid; and such failure to hold a meeting
during a quarter shall not prevent the committee from being deemed to have received any list of pharmaceutical agents, or modification thereto, which would have been sub
mitted at such meeting and which is in fact mailed during such quarter to each committee member.

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JOURNAL OF THE HOUSE,

(4) Neither the list, nor subsequent modifications thereto, nor committee objec tions to either shall be a rule subject to Code Section 50-13-4. (i) Recommendations made by the committee pursuant to subsection (g) of this Code section and objections made by the committee pursuant to subsection (h) of this Code section shall be subject to judicial review by a superior court as a final decision in a con tested case pursuant to Code Section 50-13-19. The chairman or any committee member or alternate may be named as respondent for purposes of judicial review. Any optome trist certified to use pharmaceutical agents shall be deemed to be aggrieved by actions of the committee for purposes of seeking judicial review of any action taken pursuant to subsection (h) of this Code section."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 43-30-8, relating to biennial registration and continuing education, and inserting in its place the following:
"(b) The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship. Continuing education requirements fixed by the board pursuant to this chapter shall not apply to persons practicing optometry who are 65 or more years of age."
Section 4. Said chapter is further amended by striking in its entirety Code Section 43-30-13, relating to construction of statutes affecting optometrists, and inserting in its place a new Code Section 43-30-13 to read as follows:
"43-30-13. Nothing in this chapter shall be construed to apply to physicians and sur geons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall any thing in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs or practice medicine or surgery in any manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-20 or 43-34-26."
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.

The following amendment was read:
Representative Groover of the 99th moves to amend the Committee Substitute to House Bill 1169 as follows:
By striking lines 32 through 34 on page 3 and inserting in lieu thereof the following: "(d) Doctors of optometry using pharmaceutical agents for treatment purposes shall
when using the same be held to the same standard of care imposed by Code Section 51-1-27 on ophthalmologists."

THURSDAY, JANUARY 28, 1988

429

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

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

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

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

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

On the adoption of the amendment, the ayes were 53, nays 113. The amendment was lost.

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

The following amendment was read:

Representative Green of the 106th moves to amend the Committee substitute to HB 1169 as follows:
Page 3, line 13 by striking "an ophthalmologist" and inserting "licensed physician", and
Page 3, line 22 by striking "an ophthalmologist" and inserting "a physician".

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 Y Bannister N Bargeron N Barnett.B Y Barnett.M

NBeck N Benefield
Benn
Y Birdsong Y Bishop N Bostick Y Branch
Brooks Brown NBuck N Buford NByrd N Carrell
N Carter

N Chambless Y Chance
Cheeks N Childers N Clark.B N Clark.H N Clark.L N Colbert Y Coleman N Colwell N Connell N Couch NCox N Crawford

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

N Godbee N Goodwin Y Green N Greene N Greer Y Gresham N Griffin N Groover N Hamilton N Manner N Harris N Hasty N Heard N Hensley

430

JOURNAL OF THE HOUSE,

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

NLord N Lucas N Lupton N Mangum N Martin
N McCoy N McDonald
N McKelvey N McKinney N Meadows NMilam
Y Milford N Mobley N Moody Y Moore N Morton N Mostiler
Moultrie N Mueller N Oliver.C N Oliver.M N Orrock

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

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

On the adoption of the amendment, the ayes were 18, nays 147. The amendment was lost.

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

The Committee substitute was adopted.

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

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

Y Coleman
Y Colwell Y Connell Y Couch YCox Y Crawtord
Y Crosby Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M N Dixon Y 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 N Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard N Hensley N Herbert Y Holcomb

N Holmes
Y Hooks Y Hudson N 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 N Lawler Y Lawrence Y Lawson YLee N Linder YLong YLord Y Lucas N Lupton Y Mangum Y Martin Y McCoy Y McDonald N McKelvey Y McKinney Y Meadows
YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

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

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

On the passage of the Bill, by substitute, the ayes were 134, nays 32.

THURSDAY, JANUARY 28, 1988

431

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

Representative Cummings of the 134th 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.

Representative Walker of the 115th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

432

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 29, 1988

The House met pursuant to adjournment at 9:30 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 Balkcom Bannister Bargeron Barnett.B Barnett.M Beck Benefield
Birdsong
Branch
Brooks
Buck
Buford
Byrd Carrell Carter Chambless Chance Cheeks Childers Clark.H
Clark.L Colbert Coleman

Colwell Connell Cox
Crawford Crosby Cummings.B Cummings.M Davis.G Davis,M Dixon Dobbs Dunn Edwards Felton Floyd Foster
Galer
Godbee Goodwin
Green Greene Greer
Gresham Griffin Groover Harris Hasty Heard Herbert
Holcomb

Holmes Hooks Hudson Isakson Jackson.J
Jamieson
Johnson,D
Johnson,R
Kilgore
Kingston
Lane.D Lane.R Langford
Lawrence Lawson Lee Long Lord Lucas Mangum McCoy
McDonald
McKelvey Meadows Milam Milford Mobley
Moody
Morion
Mostiler

Moultrie Mueller
Oliver.C
Oliver.M
Orrock Padgett Pannell Parham Parrish Patten
Peters Pettit Phillips Pittman Powell Prichard
Rainey
Ramsey.T Ramsey,V Ransom Ray Reaves Richardson Ricketson Robinson Royal Selman Shepard
Sherrod
Simpson

Sinkfield Sizemore
Smith,L
Smith.T
Sraith.W Smyre Snow
Stancil
Stanley
Steinberg Stephens Thomas.C Thomas.M Thompson Thurmond Tolbert Triplett Twiggs Waldrep Wall Watson Watts White Wilder Williams.B Wilson
Workman Yeargin Murphy.Spkr

Prayer was offered by the Reverend York Chambless, Pastor Emeritus, Trinity Baptist Church, Smyrna, Georgia.

Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

FRIDAY, JANUARY 29, 1988

433

7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1521. By Representatives Oliver of the 53rd, Lawson of the 9th and Porter of the 119th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Anno tated, relating to fees for sheriffs services, so as to provide a fee for serving a bad check citation.
Referred to the Committee on Special Judiciary.

HB 1522. By Representative Redding of the 50th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia Anno tated, relating to general and career education programs, so as to change the provisions relating to eligibility for enrollment in the first grade of a state supported primary grades program.
Referred to the Committee on Education.

HB 1523. By Representative Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Anno tated, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, so as to provide for process servers within the battalion.
Referred to the Committee on Public Safety.

HB 1524. By Representative Prichard of the 8th:
A bill to amend Chapter 33 of Title 31 of the Official Code of Georgia Anno tated, relating to health records, so as to provide that it shall be unlawful for certain providers to charge an amount in excess of the amount necessary to defray the reasonable costs of copying and mailing a copy of a patient's records to a patient who has made a written request for such record.
Referred to the Committee on Health & Ecology.

HB 1525. By Representative Pittman of the 60th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the provisions relating to corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1526. By Representative Cummings of the 17th:
A bill to repeal an Act entitled "an act to incorporate the town of Van Wert, in the county of Polk, and for other purposes therein mentioned."
Referred to the Committee on State Planning & Community Affairs - Local.

434

JOURNAL OF THE HOUSE,

HB 1527. By Representatives Pettit of the 19th, Lee of the 72nd and Dunn of the 73rd:
A bill to amend Code Section 33-29-2 of the Official Code of Georgia Anno tated, relating to requirements of policies of individual accident and sickness insurance, so as to assure that insurance coverage is provided for adopted children in the same manner as it is provided for other dependents without discrimination for any preexisting conditions.
Referred to the Committee on Insurance.

HB 1528. By Representative Pettit of the 19th:
A bill to amend Code Section 44-5-145 of the Official Code of Georgia Anno tated, relating to anatomical gifts, so as to eliminate the requirement that documents making anatomical gifts be signed by two witnesses.
Referred to the Committee on Judiciary.

HB 1529. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term "county revenue"; to change the provisions relating to the basis for reim bursement of counties for capital felony expenses.
Referred to the Committee on Appropriations.

HB 1530. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Anno tated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in civil cases.
Referred to the Committee on Judiciary.

HB 1531. By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to repeal the provisions relating to investigation and present ment of a list of persons who hinder, obstruct, or interfere with a sheriff, constable, or other officer to the grand jury of the county and the penalty for failure of an officer to make such report.
Referred to the Committee on Judiciary.

HB 1536. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money, extend, renew or refinance credit, or forbear from collecting money lent be in writing.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 29, 1988

435

HB 1537. By Representatives Balkcom of the 140th and Greene of the 130th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the provisions relating to the maximum charges for weighing and handling leaf tobacco by warehousemen.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1538. By Representatives Pettit of the 19th, Groover of the 99th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 51 of the Official Code of Georgia Anno tated, relating to injuries to personalty, so as to authorize the owner of per sonal property to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property.
Referred to the Committee on Judiciary.

HB 1539. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limitations and procedures relating to payment of stipends for parti cipation in professional development programs.
Referred to the Committee on Education.

HB 1540. By Representatives Smith of the 152nd, Crosby of the 150th, Dixon of the 151st, Moore of the 139th, Moody of the 153rd and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1542. By Representative Isakson of the 21st:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that insurers and self-insurers for workers' compensation purposes shall be subrogated to the rights of injured employees or those entitled to recover on behalf of an injured or deceased employee against third-party tort-feasors.
Referred to the Committee on Judiciary.

HB 1544. By Representative Pannell of the 122nd:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Anno tated, relating to civil proceedings in the magistrate courts and appeals from such courts, so as to provide that appeals from the magistrate court shall be made to the state court of the county under certain circumstances.
Referred to the Committee on Judiciary.

436

JOURNAL OF THE HOUSE,

HB 1545. By Representatives Pannell of the 122nd, Robinson of the 96th, Oliver of the 53rd and Groover of the 99th:
A bill to amend Code Section 9-7-22 of the Official Code of Georgia Anno tated, relating to fees of an auditor, so as to provide that the fees of an audi tor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs.
Referred to the Committee on Judiciary.

HR 698. By Representatives White of the 132nd, McKinney of the 35th, Townsend of the 24th, Lupton of the 25th, Brooks of the 34th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the net proceeds of which shall be used for providing hospital care for the indigent and for the support of education; to prohibit other lotteries; to provide for a Special Hospital Care for the Indigent and a Special Education Fund.
Referred to the Committee on Industry.

HR 699. By Representatives Richardson of the 52nd, Aaron of the 56th, Clark of the 55th, Steinberg of the 46th, Williams of the 54th and others:
A resolution authorizing the placing of a portrait of Honorable Peggy M. Childs in the Legislative Office Building in the State Capitol Complex.
Referred to the Committee on Rules.

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

HB 1554. By Representatives Smyre of the 92nd, Dover of the llth, Kilgore of the 42nd, Benn of the 38th, Lawson of the 9th, Lane of the 27th 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 for rooms, lodgings, or accommodations, so as to change the length of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
Referred to the Committee on Ways & Means.

HB 1559. By Representatives Byrd of the 153rd, Watson of the 114th, Waldrep of the 80th, Kilgore of the 42nd, Hamilton of the 124th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to the practice of architecture, so as to continue the State Board of Architects.
Referred to the Committee on Industry.

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

HB 1503 HB 1504

HB 1505 HB 1506

FRIDAY, JANUARY 29, 1988

437

HB 1507 HB 1508 HB 1509 HB 1510
HB Ifll
HR \l\l tits 1514
UD 1K1
H HB B 11551156 HB 1517 HB 1518 HB 1519 HB 1520

HB 1532 HB 1533 HB 1534 HB 1535
TM 1541
HB 1543 HR RR .
*lf^ ""4
HR K K6K6C5. HR 696 HR 697 SB 334 SR 247

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

HB 1231 Do Pass HB 1391 Do Pass

HB 1396 Do Pass HB 1495 Do Pass

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 House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1305 Do Pass HB 1443 Do Pass HB 1468 Do Pass

HB 1470 Do Pass HB 1469 Do Pass HB 1471 Do Pass

Respectfully submitted, /s/ Jackson of the 9th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1347 Do Pass

438

JOURNAL OF THE HOUSE,

Respectfully submitted, Is/ Dixon of the 151st
Chairman

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

Mr. Speaker:

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

HR 661 Do Pass HR 662 Do Pass

HR 666 Do Pass HR 695 Do Pass

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

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

Mr. Speaker:

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

HR 577 Do Pass HR 578 Do Pass HR 579 Do Pass, as Amended HR 581 Do Pass, by Substitute HR 585 Do Pass

HR 591 Do Pass HR 620 Do Pass HR 627 Do Pass HR 653 Do Pass

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

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

Mr. Speaker:

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

HB 1466 Do Pass HB 1477 Do Pass

HB 1478 Do Pass HB 1481 Do Pass

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

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

FRIDAY, JANUARY 29, 1988

439

HB 1466. By Representative Phillips of the 120th:
A bill to amend an Act incorporating the Town of Alston, so as to extend the corporate limits of the town.

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

HB 1477.

By Representatives Walker of the 85th, Ransom of the 90th, Connell of the 87th and Padgett of the 86th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Richmond County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

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

HB 1481.

By Representatives Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th, Pannell of the 122nd and Triplet! of the 128th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.

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

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 1478.

By Representatives Walker of the 85th, Brown of the 88th, Ransom of the 90th, Connell of the 87th, Padgett of the 86th and others:
A bill to provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.

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

Balkcom Bannister
Bargeron

Y Barnett.B Barnett,M
Y Beck

440

JOURNAL OF THE HOUSE,

Benefield YBenn Y Birdsong
Bishop Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford Byrd
Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Clark.B Y Clark.H Y Clark.L Y Colbert Coleman Y Colwell Y Connell Couch YCox Y Crawford Y Crosby Y Cummings,B Cummings,M Y Davis.G Davis.M Dixon

Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd
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 Heard
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
Lane.D
Y Lane.R Langford
Y Lawler Y Lawrence Y Lawson YLee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Moody Y Moore
Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver,M Y Orrock

Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters
Pettit Y 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 Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Smith.L Smith,?

Y Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil
Stanley Y Steinberg
Stephens
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townend
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 Y Wilson Y Wood Y Workman Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Walker of the 85th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

HB 516. By Representative Colbert of the 23rd:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to regulation of alcoholic beverages in general, so as to pro hibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises.

SB 158. By Senator Brannon of the 51st:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Anno tated, relating to where and when sales under execution are held, so as to change the provisions relating to time of sales.

SB 421. By Senator Kidd of the 25th:
A bill to amend Code Section 19-8-19 of the Official Code of Georgia Anno tated, relating to unlawful advertisements and inducements with respect to adoptions, so as to authorize the payment of lost wages or living expenses of an expectant mother during a certain period of pregnancy.

FRIDAY, JANUARY 29, 1988

441

SB 422. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide payments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.
SB 440. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 2-9-41 of the Official Code of Georgia Anno tated, relating to investigations of grain dealers or persons, partnerships, cor porations, or other entities engaging in transactions involving grain, so as to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entities.
SB 441. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Anno tated, relating to the annual license required for the operation of a ware house under the "Georgia State Warehouse Act," so as to provide that if a warehouseman operates two or more warehouses in the same county, only one license shall be required for the operation of all such warehouses; to change the provisions relating to licenses.
SB 449. By Senators Kennedy of the 4th, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallowtail as the official state butterfly; to provide for related matters.
SB 506. By Senator McKenzie of the 14th:
A bill to repeal an Act establishing the State Court of Macon County, as amended, so as to abolish the State Court of Macon County; to provide for the transfer of all pending civil and criminal cases to the Superior Court of Macon County; to provide for the disposition of all suits, cases, papers, proc esses, books, indexes, and all other matters and materials of said court.
SB 507. By Senator McKenzie of the 14th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Schley County and establishing the office of Tax Commissioner of Schley County, as amended, so as to change the method of compensation of the tax commissioner; to provide an effective date.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 1206. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide for a homestead exemption of $30,000.00 from all City of Savannah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00.

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

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 Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 277. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a 115 kV transmission line over or under property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

SR 278. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of an overhead transmission tap line over property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

SR 282. By Senator Dean of the 31st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding County, Georgia; to provide an effective date.

SR 320. By Senators Starr of the 44th and Crumbley of the 17th:
A resolution commending the Morrow High School varsity football team and Coach Bud Theodocion.

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

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Anno tated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifications, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

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

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443

SB 535. By Senator Echols of the 6th:
A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 158. By Senator Brannon of the 51st:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Anno tated, relating to where and when sales under execution are held, so as to change the provisions relating to time of sales.
Referred to the Committee on Judiciary.

SB 421. By Senator Kidd of the 25th:
A bill to amend Code Section 19-8-19 of the Official Code of Georgia Anno tated, relating to unlawful advertisements and inducements with respect to adoptions, so as to authorize the payment of lost wages or living expenses of an expectant mother during a certain period of pregnancy.
Referred to the Committee on Judiciary.

SB 422. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide payments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.
Referred to the Committee on Appropriations.

SB 440. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 2-9-41 of the Official Code of Georgia Anno tated, relating to investigations of grain dealers or persons, partnerships, cor porations, or other entities engaging in transactions involving grain, so as to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entities.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 441. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Anno tated, relating to the annual license required for the operation of a ware house under the "Georgia State Warehouse Act," so as to provide that if a warehouseman operates two or more warehouses in the same county, only one license shall be required for the operation of all such warehouses; to change the provisions relating to licenses.
Referred to the Committee on Agriculture & Consumer Affairs.

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SB 449. By Senators Kennedy of the 4th, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallowtail as the official state butterfly; to provide for related matters.
Referred to the Committee on Game, Fish & Recreation.

SB 506. By Senator McKenzie of the 14th:
A bill to repeal an Act establishing the State Court of Macon County, as amended, so as to abolish the State Court of Macon County; to provide for the transfer of all pending civil and criminal cases to the Superior Court of Macon County; to provide for the disposition of all suits, cases, papers, proc esses, books, indexes, and all other matters and materials of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 507. By Senator McKenzie of the 14th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Schley County and establishing the office of Tax Commissioner of Schley County, as amended, so as to change the method of compensation of the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 535. By Senator Echols of the 6th:
A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 277. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a 115 kV transmission line over or under property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 278. By Senator Kidd of the 25th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of an overhead transmission tap line over property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 282. By Senator Dean of the 31st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

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445

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

HR 700. By Representatives Lee of the 72nd, and Murphy of the 18th:
A resolution welcoming Honorable Albert Gore, Jr., and inviting him to address the House of Representatives.

The following Resolution of the House was read and adopted:

HR 701. By Representative Dixon of the 151st:
A resolution congratulating John and Nellapha Woodard on the occasion of their fiftieth wedding anniversary.

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

HB 1350. By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, Edwards of the 112th and others:
A bill to amend Code Section 45-16-27 of the Official Code of Georgia Anno tated, relating to when post-mortem examinations or autopsies are to be per formed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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 Anno tated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light.

The following Committee substitute was read and adopted:

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 in impounded waters of Lake Strom Thurmond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, is amended by adding at the end thereof a new subsec tion (c) to read as follows:
"(c) Notwithstanding the provisions of paragraph (5) of subsection (a) of this Code section, if all other requirements of said subsection (a) are met, nongame fish may be taken in impounded waters of Lake Strom Thurmond by bow and arrow at any time during the day and may be taken at night by the use of a light."

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Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1260. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Royal of the 144th:
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 create the Office of Rural Development within the Department of Community Affairs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 912. By Representatives Smith of the 156th, Langford of the 7th, Dover of the llth, Hays of the 1st and Shepard of the 71st:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and taking seafood under the "Game and Fish Code", so as to change the provisions relating to bonds and recov ery on bonds for certain commercial fishing violations; to provide that certain unlawful commercial shrimping shall be a misdemeanor of a high and aggra vated nature and to provide certain minimum punishment therefor.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 27-4-138 of the Official Code of Georgia Annotated, relating to penalties applicable to the operation of commercial fishing boats engaged in illegal fish ing, so as to provide that certain unlawful commercial fishing shall be a misdemeanor of a high and aggravated nature and to provide certain minimum punishment therefor; to provide for other matters relative to the foregoing; to provide an effective date and for the application of this Act to violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-4-138 of the Official Code of Georgia Annotated, relating to penalties applicable to the operation of commercial fishing boats engaged in illegal fish ing, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133 shall be guilty of a mis demeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows:
{!) (A) For the first offense, the person shall be fined not less than $600.00 $1,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days;

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447

{2} (B) For the second offense, the person shall be fined not less than $1,600.00 $2,500.00 and given a mandatory suspension from any commercial fishing for 120 fishing days; and
(3) (C) For the third or any subsequent offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for one year. (2) Any person who violates a mandatory suspension provided for in paragraph (1) of this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months."
Section 2. This Act shall be effective on April 1, 1988, and shall apply to all viola tions of Code Section 27-4-133 which occur on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the 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 Y Birdaong Y Bishop Y Bostick Y Branch
Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

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

Y Holmes
Y Hooks Y Hudson Y Isakson
Y Jackson,*] 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 Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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 Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd, Dover of the llth, Sizemore of the 136th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.

The following Committee substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests; to provide legislative intent; to define certain terms; to specify duties of the state revenue commissioner; to provide criteria for the performance of such duties; to require certain notices; to require correction of errors in county tax digests; to provide in certain cases for withholding of state funds as a penalty for failure of a county to cor rect its tax digest; to create the Ad Valorem Assessment Review Commission; to provide for appointments, terms of office, and compensation of the members of the commission; to provide for review of the state revenue commissioner's decisions concerning county tax digests by appeals boards composed of members of the Ad Valorem Assessment Review Commission; to provide for review of the time periods allowed for correction of errors in digests; to provide procedures; to provide powers; to provide for appeals of decisions of appeals boards; to provide for other matters relative to the foregoing; to provide for the specific repeal of certain provisions relating to examination of county tax digests by the state revenue commissioner and certain adjustments of the county tax digest and millage levy; 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 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended by adding a new article immediately following Article 5 of Chapter 5, to be designated Article 5A, to read as follows:
"ARTICLE 5A 48-5-340. It is the purpose and intent of this article to establish a procedure for use by the commissioner to equalize county property tax digests between counties and within counties so as to require county boards of tax assessors to make adjustments in the valuation of property to ensure uniformity and equity. The commissioner shall con tinue to examine the digest and exercise his responsibility to bring about property valua tions that are reasonably uniform and equalized throughout the state. 48-5-341. As used in this article, the term:
(1) 'Appeals board' means a group of five commission members appointed by the chairman of the Ad Valorem Assessment Review Commission to hear and decide appeals.
(2) 'Assessment bias' means any tendency or trend of assessment ratios, when ana lyzed by an appropriate statistical method, which reveals assessment progressivity or assessment regressivity.
(3) 'Assessment progressivity' means any systematic pattern of assessment in which higher value properties are generally assessed at a larger percentage of fair market value than properties of lower value.
(4) 'Assessment ratio' means the fractional relationship the assessed value of prop erty bears to the fair market value of the property.
(5) 'Assessment regressivity' means any systematic pattern of assessment in which lower value properties are generally assessed at a larger percentage of fair market value than properties of higher value.

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449

(6) 'Assessment variance' means the absolute value of the difference between the assessment ratio for each parcel of property within each class of property and the average assessment ratio for that class and expressed as a percentage of the average assessment ratio.
(7) 'Class of property' means any reasonable divisions of homogeneous groups of property that the commissioner determines are necessary to examine digests for uni formity and equalization.
(8) 'Commission' means the Ad Valorem Assessment Review Commission. 48-5-342. (a) The commissioner shall carefully examine the tax digests of the coun ties filed in his office. Each digest shall be examined for the purpose of determining if the valuations of property for taxation purposes are reasonably uniform and equalized between counties and within counties.
(b) For any digest for the preceding year which was disapproved by the commis sioner, the commissioner shall also carefully examine the digest to determine if it satis factorily corrects the deficiencies that resulted in the digest for the preceding year being disapproved.
(c) It shall be the further duty of the commissioner to examine the itemizations of exempt properties appearing on the digest and, if in the judgment of the commissioner any properties appearing on the digest are subject to taxation, to so advise the board of tax assessors of the counties concerned with an explanation of his reasons for believ ing the property is subject to taxation.
48-5-343. (a) The commissioner shall approve the digest of any county as being reasonably uniform and equalized if the digest meets the following criteria:
(1) The average assessment ratio for each class of property within the county shall be as close to 40 percent as is reasonably practicable;
(2) The average assessment variance for each class of property within the county shall not be excessive with respect to that which is reasonably practicable; and
(3) Within each class of property, assessment ratios of the properties shall not reveal any significant assessment bias. (b) The commissioner shall by regulation establish the statistical methods to be used in determining whether or not digests are in accordance with the uniformity require ments contained in subsection (a) of this Code section. The commissioner shall utilize the most reliable and accurate statistical methods available. (c) If the assessed value of the portion of the digest that does not meet the uniform ity requirements constitutes 10 percent or less of the assessed value of the total digest, the commissioner may approve the digest if, in his judgment, the approval will not sub stantially violate the concept of uniformity and equalization. 48-5-344. (a) If the commissioner determines that in any one or more of the coun ties the taxable values of property are not reasonably uniform and equalized in accord ance with the requirements of subsection (a) of Code Section 48-5-343, he shall disapprove the digest and notify the county board of tax assessors in writing of his action. (b) The written notification shall contain:
(1) A list of specific reasons that resulted in the digest being disapproved;
(2) A list of the statistical methods used by the commissioner when examining the digest;
(3) A list of adjustments that, if used by the board of tax assessors, would correct the deficiencies that resulted in the digest being disapproved; and
(4) Any other information the commissioner believes would be of assistance to the county board of tax assessors in making the digest reasonably uniform and equalized.
48-5-345. (a) A digest disapproved by the commissioner in any year may be used in that year by the governing authorities of the county for the collection of taxes.
(b) In the year following the year in which the digest was disapproved, the county shall submit a new digest to the commissioner which satisfactorily corrects the defi ciencies that resulted in the digest for the preceding year being disapproved.
48-5-346. (a) (1) If a county tax digest for the preceding year was disapproved and the commissioner disapproves the subsequent digest for the same or substantially the

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same reasons, the commissioner shall order the withholding from the county of the state grants specified in this paragraph, except that the commissioner shall not so order withholding of funds as a result of the disapproval of a county tax digest for a year prior to 1991. The Fiscal Division of the Department of Administrative Services and any other state agency or officer shall upon such order's taking effect withhold from the county any funds otherwise payable to the county under:
(A) The road mileage grant program specified in Article 1 of Chapter 17 of Title 36;
(B) The county appraisal staff grant program specified in Code Section 48-5-267; (C) The public road grant program specified in Code Section 48-14-3; and (D) The local assistance road program of the Department of Transportation. (2) The withholding of the grants and moneys shall begin not later than five days after all appeals have been exhausted, or the time for appeal has expired, and shall continue until such time as the digest is satisfactorily corrected as to the deficiencies identified by the commissioner that resulted in the digest being initially disapproved. All state grants or moneys withheld in accordance with this subsection shall be returned to the general fund. (b) The commissioner shall determine and publish annually a list of all available state grants which will be withheld in accordance with this Code section. (c) If the digest for the preceding year was disapproved and the commissioner disap proves the subsequent digest for different reasons, the county shall be given one year to correct the deficiencies that resulted in the subsequent digest being disapproved, as provided in Code Section 48-5-345. 48-5-347. (a) There is created the Ad Valorem Assessment Review Commission composed of a pool of five members from each congressional district in the state who shall be appointed by the Governor, subject to confirmation by the Senate. (b) The Governor in making his initial appointments shall appoint ten members, one from each congressional district, for a term of office of one year; ten members, one from each congressional district, for a term of two years; ten members, one from each congres sional district, for a term of three years; ten members, one from each congressional dis trict, for a term of four years; and ten members, one for each congressional district, for a term of five years. Thereafter, all appointments of successors to the initial members of the commission shall be for terms of office of five years and until the appointment and qualification of their successors. (c) Vacancies on the commission shall be filled in the same manner as the original appointment and shall be for the unexpired term. (d) For each day of service as a member of the commission, a member shall receive the expenses and allowances authorized by law for members of the General Assembly.
48-5-348. (a) The commission, through an appeals board, shall hear and determine appeals by local governing authorities on issues relating to the disapproval of the digest by the commissioner including, but not limited to, the issue of the adequacy of the time period allowed to correct the deficiencies that resulted in the digest being disapproved.
(b) (1) Each appeals board may compel the attendance of witnesses and the pro duction of books and records or other documents from the county board of tax asses sors. The board may also compel the production of appropriate records from the commissioner.
(2) No request for information authorized in paragraph (1) of this subsection shall be enforceable unless a majority of the appeals board approves such action.
(c) With respect to any digest disapproval by the commissioner which will not result in the withholding of state funds, the county governing authority shall be authorized to appeal only on the issue of the correctness of the commissioner's determination that the digest does not meet the requirements of subsection (a) of Code Section 48-5-343. With respect to any digest disapproval by the commissioner which will result in the withhold ing of state funds, the county governing authority shall be authorized to appeal on the issues of:
(1) The correctness of the commissioner's determination that the digest does not meet the requirements of Code Section 48-5-343; and

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451

(2) The adequacy of the time period which was available to the county to correct prior deficiencies in the digest, including any issue of the adequacy of the time period allowed under Code Section 48-5-345 and any extension of time granted pursuant to any prior appeal.
48-5-349. (a) Within each congressional district, the members of the Ad Valorem Assessment Review Commission shall be appointed on the basis of the following qual ifications:
(1) One member shall be an attorney licensed to practice law in the state; (2) One member shall be an appraiser certified by the Society of Real Estate Appraisers or the American Institute of Real Estate Appraisers;
(3) One member shall be licensed by the Georgia Real Estate Commission to sell real estate in the state; and
(4) Two members shall be sufficiently knowledgeable to make judgments concern ing the fair market valuation of all classes of property within the congressional dis trict.
(b) Tax collectors, tax commissioners, tax receivers, members of county boards of equalization, members of county boards of tax assessors, and their employees are prohib ited from serving on the commission.
48-5-349.1. (a) The Ad Valorem Assessment Review Commission shall have a chair man appointed by the Governor, who shall be responsible for the overall administration of the commission. The chairman is authorized to employ necessary staff including, but not limited to, a chief administrative officer for the purpose of establishing and main
taining an organized and efficient appeal procedure. (b) The chairman of the commission shall appoint the appeals boards and shall
appoint a chairman for each appeals board.
(c) For each appeal, an appeals board shall be appointed. No two members of the appeals board shall be from the same congressional district except that two members
shall be from the congressional district encompassing the county making the appeal. Except as provided in this subsection, appointments to the appeals board shall be made
without prejudice to any commission member or to the residency of any commission member. Each appeals board shall reflect, as closely as possible, the composition of
commission members from each congressional district. A new appeals board shall be appointed for each appeal. For purposes of this Code section, each county shall be
deemed to lie in the congressional district in which the greatest percentage of its popu lation is located.
(d) The commission is assigned to the department for administrative purposes only. 48-5-349.2. (a) An appeal to the Ad Valorem Assessment Review Commission shall be effected by a local governing authority by filing with the commission a notice of
appeal within 30 days after receipt by the local board of tax assessors of the commissioner's notification of digest disapproval. The notice of appeal shall be accompa nied by whatever records, reports, or other relevant information is required by rule or
order of the commission. A copy of the notice shall be furnished to the commissioner. (b) Within ten days of receipt of a notice of appeal, the chairman of the commission
shall set the date for a hearing on the appeal. At the initial hearing the appeals board, by vote of a majority of its members, may require additional hearings or filings of addi tional information by any person having custody of such information. In determining
whether additional hearings are needed, the appeals board shall consider the need of a hearing in the county making the appeal for the purpose of receiving information on
local factors affecting the determination of property valuations in the county. (c) (1) After hearing all testimony determined necessary by the appeals board and
after reviewing all filings and information determined to be relevant and necessary, the appeals board shall reach its decision. Each decision shall be rendered in writing
and shall be signed by a majority of the members of the appeals board. (2) The decision shall:
(A) Specifically decide each issue presented on appeal; and
(B) Certify the date on which the notice of the decision is given. (3) Each party to an appeal shall be furnished a copy of the decision of the appeals board within ten days after the issuance of the decision.

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(d) (1) The appeals board shall be authorized to grant an appeal with respect to a determination by the commissioner that a digest does not meet the requirements of subsection (a) of Code Section 48-5-343. The digest shall be deemed approved in any case where an appeal is granted under this paragraph.
(2) The appeals board shall be authorized to grant an appeal with respect to the adequacy of the time period which was available to the county to correct prior defi ciencies in the digest. If an appeal is granted under this paragraph, the digest shall be a disapproved digest for purposes of subsequent years, but no state funds shall be withheld as a result of the disapproval. 48-5-349.3. The commissioner or the county governing authority dissatisfied with the decision of an appeals board of the Ad Valorem Assessment Review Commission on any question of law may appeal to the Superior Court of Fulton County. Any appeal to the superior court shall be taken, so far as is applicable, in the manner provided by law for appeals to the superior court from decisions of the commissioner. 48-5-349.4. Compliance by any local governing authority with the findings and deci sion of an appeals board of the Ad Valorem Assessment Review Commission, or of the court of final review, with respect to any matter concerning the local tax digest shall be considered satisfactory correction of the deficiency involved for the purposes of Code Sections 48-5-345 and 48-5-346."
Section 2. Said title is further amended by adding a new subsection at the end of Code Section 48-2-18, relating to the State Board of Equalization, to be designated subsec tion (g), to read as follows:
"(g) The provisions of this Code section shall not apply with respect to appeals which are within the jurisdiction of the Ad Valorem Assessment Review Commission."
Section 3. Said title is further amended by striking Code Section 48-5-271, relating to examination by the commissioner of county tax digests for certain uniformity of prop erty valuation, which reads as follows:
"48-5-271. (a) It shall be the duty of the commissioner to examine carefully the tax digests of the several counties filed in his office pursuant to Code Section 48-5-302 and to compare the digests for the purpose of ascertaining whether the valuation of the vari ous classes of property as made in the respective counties for taxation purposes is reasonably uniform both as between the various counties and as between the various classes within a county and also for the purpose of ascertaining compliance with Article VII, Section I, Paragraph III of the Constitution of this state.
(b) If it appears to the commissioner that in any one or more of the counties the taxable values fixed upon any one or more classes of property are not reasonably uni form with the values fixed upon the same classes of property in other counties, or that within a county the taxable values of one or more of the classes of property have been fixed so that the percentage of taxable value does not conform to such values of other classes of property within the county, the commissioner shall investigate and inquire as to the reason for the lack of uniformity or conformity and, after making the investi gation and comparison, shall have authority to adjust and equalize the digest. The commissioner's adjustment and equalization shall be based upon his reasonable determi nation as to what is just and right between the counties and within a county and may be made by adding a fixed percentage to the county valuation of any class of property in any county if he finds the county valuation too low or by deducting a fixed percent age from the county valuation if he finds the county valuation too high. The commis sioner, if he deems appropriate, may return the tax digest to the county board of tax assessors to make adjustments in the valuation of any class or classes of property as may be prescribed by the commissioner to achieve the purpose and intent of this part. When the adjustments to the county valuations are made, the commissioner shall adjust the county millage levy, if necessary, so as to ensure that the adjusted county digest will produce an amount of revenue reasonably equivalent to that amount of revenue which would have been produced had no adjustments been made to the county valuations. In no case may the commissioner reduce the millage levy of a county below the rate required by the county to meet its fixed obligations. After making the adjustments

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authorized by this Code section, the commissioner shall notify both the board of tax assessors and the governing authority of the county affected by United States mail of the adjustments necessary. After such notice, the commissioner shall return the tax digest to the county for correction according to his adjustments.
(c) It shall be the further duty of the commissioner to examine the itemizations of exempt properties appearing on the digest and, if in the judgment of the commissioner any properties appearing on the digest are subject to taxation, to so advise the board of tax assessors of the counties concerned with an explanation of his reasons for believ ing the property is subject to taxation.", in its entirety.
Section 4. Said title is further amended by striking Code Section 48-5-272, relating to the duty of the county board of tax assessors and county governing authority to effect certain adjustments to the county digest and millage levy, which reads as follows:
"48-5-272. Upon receipt of the notice from the commissioner required by subsection (b) of Code Section 48-5-271, the county board of tax assessors and the county governing authority shall take such action as is required to effect the adjustments made by the commissioner to the county digest and county millage levy.", in its entirety.
Section 5. This Act shall become effective on January 1, 1989.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:

Representative Crosby of the 150th moves to amend the committee substitute to HB 1279 by striking the quotation mark on line 9 of page 12 and by inserting between lines 9 and 10 of page 12 the following:
"48-5-349.5. Not later than January 20, 1990, and not later than the twentieth day of January of each year thereafter, the commissioner shall submit to the Banking and Finance Committee of the Senate and to the Ways and Means Committee of the House of Representatives an annual report concerning the implementation of this article. Such report shall contain such statistics and other matter as may be pertinent in determining from year to year the progress of the counties of this state in achieving the purpose and intent of this article, a statement of any state funds withheld from counties pursuant to this article and of the relevant circumstances, and such other matter as may be deemed pertinent by the commissioner."

Representative Crosby of the 150th moves to amend the committee substitute to HB 1279 by striking all matter on lines 1 through 24 of page 6 and inserting in lieu thereof the following:
"The Fiscal Division of the Department of Administrative Services and any other state agency or officer shall upon such order's taking effect permanently withhold from the county any funds otherwise becoming payable during the withholding period speci fied in paragraph (2) of this subsection to the county under:
(A) The road mileage grant program specified in Article 1 of Chapter 17 of Title 36;
(B) The county appraisal staff grant program specified in Code Section 48-5-267; and
(C) The public road grant program specified in Code Section 48-14-3.
(2) The withholding of the grants and moneys shall begin not later than five days after all appeals have been exhausted, or the time for appeal has expired, and shall con tinue until such time as the digest is satisfactorily corrected as to the deficiencies indentified by the commissioner that resulted in the digest being initially disapproved."

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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 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 Barnett.M YBeck Y Benefield YBenn N Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert

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

Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Jamieson 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
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam N Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M 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 Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore N Smith.L
Smith,? N 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 Tolbert 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
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Coleman of the 118th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1279, by substitute as amended, was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

Representative Groover of the 99th arose to a point of personal privilege and addressed the House.

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

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455

HR 704. By Representatives Dunn of the 73rd, Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th and others:
A resolution inviting Charlotte Shelton to the House of Representatives; recognizing and congratulating her for her selection as the 1988 Peach Bowl Queen and her many other accomplishments.

By unanimous consent, the following Bill of the House was withdrawn from the Gen eral Calendar and recommitted to the Committee on Game, Fish and Recreation:

HB 1273.

By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th, Watts of the 41st, Holcomb of the 72nd and others:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Anno tated, relating to dogs, so as to provide for the regulation of dangerous dogs.

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

HB 1324.

By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th, Chambless of the 133rd, Hooks of the 116th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors; to provide a short title; to provide definitions; to provide for registration of paid solicitors, fundraising counsels, and charitable organizations; to provide for applications, documents, financial statements, fees, accountings, deposits of funds, records, contracts, notices, surety bonds, letters of credit, certificates of deposit, obligations, practices, procedures, and requirements related thereto; to provide for service of process; to provide for refusal, sus pension, or revocation of registration; to provide for renewal and amendment of registra tions; to regulate charitable sales promotions; to require certain disclosures at the point of solicitation; to provide for exemptions for organizations and transactions; to provide for administration by the Secretary of State; to provide for the powers, duties, compensation, and expenses of the Secretary of State and employees thereof; to provide for rules and regulations; to provide for public and confidential records; to provide for investigations, subpoenas, hearings, and cooperation with other agencies or jurisdictions; to provide for disclosure of information; to prohibit certain acts or practices and provide penalties there for; to provide for private, administrative, civil, and criminal actions; to provide for venue; to provide for judicial review; to provide for application of certain laws; to provide for immunity of the Secretary of State; to provide for the burden of proving exemptions; to provide for evidence; to provide for applicability of laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to profes sions and businesses, is amended by striking Chapter 17, relating to professional fund

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raisers and professional solicitors, and inserting in lieu thereof a new Chapter 17 to read as follows:
"CHAPTER 17
43-17-1. This chapter shall be known and may be cited as the 'Georgia Charitable Solicitations Act of 1988.'
43-17-2. As used in this chapter, the term: (1) 'Administrator' means the office created in subsection (a) of Code Section
10-1-395. (2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or
eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable orga nization as defined by this paragraph. The term charitable organization shall not include religious agencies and organizations and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization.
(3) 'Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph.
(4) 'Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a chari table organization or purpose.
(5) 'Commercial coventurer' means a person who for profit is regularly and prima rily engaged in trade or commerce other than in connection with soliciting for chari table organizations or purposes and who conducts a charitable sales promotion.
(6) 'Contribution' means the promise or grant of any money or property of any kind or value.
(7) 'Executive officer' means the chief executive officer, the president, the prin cipal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
(8) 'Fund raising counsel' means any person who, for compensation, plans, man ages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization, but who does not solicit con tributions and who does not employ, procure, or engage any compensated person to solicit contributions. A lawyer, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable orga nization, paid solicitor, or fund-raising counsel or advises a person to make a contribu tion or holds charitable funds subject to an escrow or trust agreement shall not be deemed, as a result of such actions, to be a fundraising counsel. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising counsel.
(9) 'Membership' or 'member' means a status by which, for the payment of fees, dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offi ces. The term 'membership' or 'member' shall not be construed to apply to a person on whom an organization confers a membership solely as a consideration for making a contribution.
(10) 'Paid solicitor' means a person other than a commercial coventurer or chari table organization who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such compensated person or by any compensated person he employs,

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457

procures, or engages, directly or indirectly, to solicit. A paid solicitor shall also include any fundraising counsel who at any time has custody of contributions from a solicita tion as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor.
(11) 'Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, or any unincorporated organization.
(12) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
(13) 'State' means any state, territory, or possession of the United States, the Dis trict of Columbia, Puerto Rico, and the Virgin Islands. 43-17-3. (a) No paid solicitor shall solicit contributions on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 within or from this state, unless he is a registered paid solicitor pursuant to this Code section. (b) A fundraising counsel who at any time has custody of contributions from a chari table solicitation on behalf of a charitable organization required to be registered pur suant to Code Section 43-17-5 must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, account ants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement. (c) (1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.
(2) Applications for registration may be made by any person and shall be accom panied by the registration fee set forth in subsection (b) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this subsection and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it quali fied to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limita tions, if any, of the liability of any general partner, limited partner, director, affili ate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affili ate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A list of any other states in which the applicant is registered as a paid solic itor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (G) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunc tion or disciplinary proceeding by any state agency involving any aspect of

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fundraising or solicitation, has ever been convicted of or charged with a mis demeanor of which fraud is an essential element or which involved charitable fundraising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, con viction, or charge; and
(H) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings. (3) The applicant shall attach to the application for registration as a paid solicitor a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted account ing principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(4) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a paid solicitor unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he shall immediately notify the applicant of such registration.
(5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his business address and to any charitable organization who proposes to employ such applicant.
(6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the professional fund raiser has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certi fied, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(7) The registration of a paid solicitor shall be promptly amended to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.
(d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $100.00.
(e) (1) There shall be a contract between a paid solicitor and a charitable organiza tion which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of the gross revenue from the solicitation campaign that the charitable organization will receive.

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459

Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provi sions of paragraphs (2), (3), and (4) of this subsection.
(2) If the compensation of the paid solicitor is contingent upon the number of con tributions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue.
(3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reason able estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assump tions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations con ducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the chari table organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue.
(4) The stated percentages required by this Code section shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged. (f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Secretary of State. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for direct ing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out. (g) The Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether the applicable requirements of this chapter relating to the same are satisfied. The Secretary of State shall notify the paid solicitor of any deficiencies therein. (h) Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has con tracted for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall be available to the Secretary of State upon request. (i) Each contribution collected by the paid solicitor shall, in its entirety and within ten days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account. (j) (1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records:
(A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge;
(B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation;
(C) A record of all contributions at any time in the custody of the paid solicitor;
(D) A record of all expenses incurred by the paid solicitor for which the chari table organization is liable for payment;
(E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation cam
paign; and
(F) Such other records as may be prescribed by the Secretary of State by rule and regulation.

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(2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (1) of this subsection:
(A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and
(B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. (3) All records of such paid solicitor are subject to such reasonable periodic, spe cial, or other examinations by representatives of the Secretary of State, within or out side this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
43-17-4. (a) Except as otherwise provided in this subsection, no applicant shall be registered as a paid solicitor under this chapter nor shall any such registration be renewed until the applicant files with the Secretary of State a bond satisfactory to the Secretary of State in the sum of $10,000.00 payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the Secretary of State. Any such bond may be canceled by the principal or surety by giving notice to the Secretary of State, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in auto matic cancellation of the principal's registration until a new bond satisfactory to the Secretary of State is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amount prescribed in this subsection for the bond required of a paid solicitor shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individ ual liability.
(b) The requirement for filing of such bond by an applicant for registration or renewal of registration as a paid solicitor shall not be applicable if the applicant for registration or renewal of registration as a paid solicitor has deposited in trust with the Secretary of State:
(1) A certificate of deposit or letter of credit evidencing a deposit with a financial institution satisfactory to the Secretary of State in the amount of $10,000.00 payable to the applicant and assigned to the Secretary of State;
(2) An irrevocable letter of credit addressed to the Secretary of State in the amount of $10,000.00, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of compe tent jurisdiction in which the applicant is found liable for damages under this chapter; or
(3) Obligations of the United States, an agency thereof, or the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $10,000.00.
(c) Such deposits shall be held for the benefit of all persons to whom the applicant is liable for damages under this chapter for a period of two years after such applicant's registration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdic tion), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. Such deposits shall not be released except upon application to and the written order of the Secretary of State. The Secretary of State shall have no liability for any such release of any deposit or part thereof made by him in good faith. The Secretary of State may designate any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the Secretary of State a proper trust and safekeeping receipt upon which the Secretary of State shall give

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an official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, bring an action for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the Secretary of State, a letter of credit or securities of the kinds specified in subsection (b) of this Code section of equivalent or greater value. No judgment cred itor or other claimant of the applicant shall levy upon any deposit held pursuant to this Code section or upon any part thereof, except as specified in this subsection. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the Superior Court of Fulton County, as pro vided in subsection (d) of this Code section, a sufficient amount of the deposit to pay the judgment in the action.
(d) In the event that the applicant prevails in such action and in the event that such deposits have been held by the Secretary of State for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be released to the applicant; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. If a judgement is rendered in such action by which it is determined that the applicant is liable for damages under this chapter and the applicant has not paid the judgment within ten days of the date the judgment became final or if the applicant petitions the Supreme Court of the United States to take certiorari jurisdiction over such action and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then such person may petition the Superior Court of Fulton County for an order directing the Secretary of State to reduce such deposit or a portion thereof sufficient to pay the judgment to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revocation of the applicant's registration, the Secretary of State shall pay such residue to the applicant, taking his receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, in which case the Secretary of State shall hold or dispose of such residue in accordance with the provisions of this subsection relating to the holding or disposing of the entire deposit. If more than one final judgment is rendered against the applicant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgments, in the order in which the judgment creditors peti tioned the Superior Court of Fulton County.
(e) Anything in this Code section to the contrary notwithstanding, the Secretary of State shall comply with any order of a Georgia or United States court of competent jurisdiction to turn over any deposit held by him pursuant to subsection (a) of this Code section or the proceeds from any bond held by him pursuant to subsection (a) of this Code section to a trustee or receiver for the use and sole benefit of persons on whose behalf the Secretary of State holds such deposit or proceeds.
43-17-5. (a) It shall be unlawful for any person to solicit or accept charitable con
tributions from any person in this state unless the charitable organization on whose
behalf such contributions are being solicited is:

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(1) Subject to an effective registration statement under this chapter; or (2) Is exempt from registration pursuant to Code Section 43-17-9. (b) (1) Every charitable organization, except those exempt from registration pur suant to Code Section 43-17-9, which intends to solicit in this state or have contribu tions solicited in this state on its behalf by other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration state ment with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration. (2) A registration statement shall be signed by an authorized executive officer of the charitable organization and shall contain the following information:
(A) The name under which the charitable organization intends to solicit con tributions;
(B) The names and addresses of officers, directors, trustees, and executive per sonnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors;
(C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor;
(D) The general purposes for which the charitable organization is organized; (E) The purposes for which the contributions to be solicited will be used; (F) The period of time during which the solicitation will be made; (G) The method of solicitation; and (H) Such other information as the Secretary of State may require.
(3) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Secretary of State in actions against such applicant in the manner and form provided in Code Section 43-17-18.
(4) There shall be filed with such application a financial statement of the chari table organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year.
(5) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amendments to its organizationalinstrument within 30 days after adoption.
(6) The Secretary of State may waive the furnishing of any information required by this subsection and may require such additional information as to the previous his tory, records, or association of the applicant, general partners, limited partners, direc tors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter.
(7) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he shall immediately notify the applicant of such registration.
(8) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address

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and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization.
(9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such informa tion has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable orga nization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable orga nization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such finan cial statements shall be prepared in accordance with generally accepted accounting prin ciples and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(10) The registration of a charitable organization shall be promptly amended to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (c) The fee for the initial registration of a charitable organization shall be $25.00. The fee for filing amendments to the registration shall be $15.00. The annual renewal fee for a charitable organization shall be $10.00. (d) A charitable organization shall maintain for not less than three years a record of all contributions including the name and address of each contributor, the date and amount of the contribution, and the location and account number of all bank or other financial institution accounts in which the charitable organization has deposited con tributions. All records of charitable organizations which relate to charitable solicitations or charitable contributions are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement pur poses.
43-17-6. (a) Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agree ment shall be signed by an authorized representative of the charitable organization and the commercial coventurer and it shall include, at a minimum, the following:
(1) The goods or services to be offered to the public;
(2) The geographic area where, and the starting and final date when, the offering will be made;
(3) The manner in which the charitable organization's name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization;
(4) If applicable, the maximum dollar amount that will benefit the charitable orga nization;
(5) The estimated number of units of goods or services to be sold or used;
(6) A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made;

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(7) A statement that the charitable sales promotion is subject to the requirements of this chapter; and
(8) The date by when, and the manner in which, the benefit will be conferred on the charitable organization. (b) The final accounting for the charitable sales promotion shall be kept by the commercial coventurer for three years after the final accounting date. (c) All records of charitable organizations and commercial coventurers pertaining to such sales promotion are subject to such reasonable periodic, special, or other exami nations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the pro tection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement pur poses. 43-17-7. (a) The Secretary of State, by order, may deny, suspend, or revoke a regis tration, limit the fundraising activities that an applicant or registered person may per form in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person:
(1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effective ness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enact ment;
(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of compe tent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state;
(4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds:
(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses;
(B) Arises out of the conduct of solicitation of contributions for a charitable organization; or
(C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraud ulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor; (7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or (8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order under this subsection when the deficiency is corrected.

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(b) The Secretary of State may not begin a proceeding on the basis of a fact or transaction known to the Secretary of State when the registration became effective unless the proceeding is begun within 90 days after effectiveness of the registration.
(c) If the Secretary of State finds that an applicant or registered person is no longer in existence; has ceased to do business as a paid solicitor or charitable organization; is adjudicated mentally incompetent or subjected to the control of a committee, conserva tor, or guardian; or cannot be located after reasonable search, the Secretary of State, by order, may deny the application or revoke the registration.
(d) The Secretary of State may at any time require a charitable organization or paid solicitor to file with him a financial statement showing its financial condition as of the most recent practicable date, but such financial statement need not be certified.
43-17-8. Every charitable organization or paid solicitor registered under this Code section and soliciting in this state shall include the following disclosures at the point of solicitation:
(1) The name and location of the paid solicitor; (2) The name and location of the charitable organization for which the solicitation is being made; (3) That the following information will be made available upon request:
(A) A full and fair description of the charitable program for which the solicita tion campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solic itation is being carried out; and
(B) A financial statement or summary which shall be consistent with the finan cial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and (4) In the case of a telephone solicitation, the location of the caller. 43-17-9. (a) The following persons are exempt from the provisions of Code Sections 43-17-3, 43-17-4, 43-17-5, 43-17-6, and 43-17-8:
(1) Nonprofit educational institutions and those organizations, foundations, associ ations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution;
(2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public;
(3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicita tion of contributions is carried on by persons for their services and is confined to their membership or to persons within the county in which such organization is located;
(4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary;
(5) Any charitable organization whose total gross revenue is less than $15,000.00 per calendar year or which is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A)(i) and (iii) and Internal Revenue Code section 6033(a)(2)(C)(i);
(6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; or
(7) political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions.
(b) Local community organizations or local fundraising campaign managers affiliated with or acting for a state-wide parent organization by contract or agreement need not register separately with the Secretary of State. The single registration of the state-wide parent organization shall be considered all inclusive of all of its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 43-17-5.
(c) National charitable organizations having a Georgia affiliate registered under this chapter need not register separately with the Secretary of State; provided, however, that

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all records of such national organizations which relate to charitable soliciations or chari table contributions shall be subject to such reasonable periodic, special, or other exami nations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
(d) Charitable organizations which do not solicit or receive contributions from the general public other than through affiliated organizations registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable soliciations or charitable con tributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
(e) The Secretary of State is authorized to exempt, by rule, regulation, or order, such entities and organizations from the registration provisions of Code Section 43-17-5 as he deems necessary and appropriate in the public interest.
43-17-10. (a) The administration of this chapter shall be vested in the Secretary of State.
(b) The Secretary of State is authorized to administer oaths in and to prescribe forms for all matters arising under this chapter. The Secretary of State shall cooperate with the administrators of the charitable solicitation laws of other states with a view to assisting those administrators in the enforcement of such laws and to achieving maxi mum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws.
(c) The Secretary of State is authorized to employ examiners, clerks, stenographers, and other employees as the administration of that portion of this chapter vested in him may require. The Secretary of State is also authorized to appoint and employ investi gators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.
(d) The Secretary of State may promulgate such rules and regulations, not incon sistent with the provisions of this chapter, necessary for the administration and enforce ment of this chapter. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(e) The Secretary of State or any persons employed by him shall be paid, in addition to their regular compensation, the transportation fare, board,lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter.
(f) The Secretary of State may delegate such of his powers and duties under this chapter as he desires to a division director in his office.
(g) The Secretary of State may designate filing depositories for all records required to be filed and maintained under this chapter. Such records may be maintained in orig inal form or by means of microfilm, microfiche, microphotographic reproduction, photo graphic reproduction, word processing, computerization, or other acceptable reproductive methods.
(h) Except as provided in subsection (i) of this Code section, information and docu ments filed with or obtained by the Secretary of State are public information and are available for public examination.
(i) The following information and documents do not constitute public information under subsection (h) of this Code section and shall be confidential:
(1) Information or documents obtained by the Secretary of State in connection with an investigation under Code Section 43-17-11; and
(2) Any document or record specifically designated as confidential in accordance with this chapter or the rules and regulations promulgated under this chapter.
43-17-11. (a) The Secretary of State, in enforcing this chapter, may:

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(1) Make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of this chapter;
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) Publish information concerning any violation of this chapter or any rule, regu lation, or order under this chapter.
(b) (1) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigation, to require the attendance of wit nesses, to require the production of books, records, and papers.and to take the deposi tions of witnesses. For such purposes the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. Such subpoenas may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(2) The Secretary of State may issue and apply to enforce subpoenas in this state at the request of the administrator of the charitable solicitation laws of another state if the activities constituting an alleged violation for which the information is sought would be a violation of this chapter if the activities had occurred in this state.
(c) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) In addition to any other hearings and investigations which the Secretary of State is authorized or required by this chapter to hold, the Secretary of State is also author ized to hold general investigative hearings on his own motion with respect to any matter under this chapter. A general investigative hearing as provided for in this subsection may be conducted by an person designated by the Secretary of State for that purpose and may, but need not be, transcribed by the Secretary of State or by any other inter ested party. No formal action may be taken as a result of such investigative hearings, but the Secretary of State may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have.
(e) The Secretary of State may cooperate with the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975,' in enforcing the provisions of this chapter. Said cooperation includes, but is not limited to, making a joint examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging information and documents; and disclosing information and documents obtained in connection with an investigation. When the administrator has initiated a civil or admin istrative proceeding in connection with a joint investigation under this subsection he may publish information concerning any violation of this chapter or Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975.'
(f) To encourage uniform interpretation and administration of this chapter and effec tive regulation and enforcement, the Secretary of State may cooperate with state law enforcement or regulatory agencies and agencies or administrators of one or more states, Canadian provinces or territories, another country, appropriate federal agencies, any national or international organization of officials or agencies, and any governmental law enforcement or regulatory agency. Such cooperation includes, but is not limited to,

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making a joint registration examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging personnel; sharing and exchanging information and documents; and disclos ing information obtained in connection with an investigation under this Code section to the extent provided in this Code section and if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding by a local, state, or federal law enforcement or regulatory agency and the receiving agency presents that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information.
43-17-12. (a) It shall be unlawful for any person to solicit or accept charitable con tributions in violation of this chapter or any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter.
(b) It shall be unlawful for any person who is registered as, or making application for registration as, a paid solicitor or charitable organization or is an affiliate of such registrant or applicant to knowingly cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect.
(c) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indi rectly:
(1) To utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belong ing to or associated with a charitable organization, without first being authorized in writing to do so by the charitable organization;
(2) To utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person;
(3) To misrepresent to or mislead anyone in any manner to believe that any other person sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his name for these purposes;
(4) To utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state;
(5) To represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation cam paign greater than that identified in filings with the Secretary of State pursuant to this Code section;
(6) To represent that tickets to events will be donated for use by another, unless the paid solicitor shall have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; or
(7) To represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented
in writing to the use of its name prior to the solicitation.
(d) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indi rectly:
(1) To employ a device, scheme, or artifice to defraud; (2) To engage in an act, practice, or course of business that operates or would
operate as a fraud or deceit upon a person;
(3) To misrepresent or mislead anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a
charitable organization or that the proceeds of such solicitation or charitable sales pro motion will be used for charitable purposes if such is not the fact; or

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(4) To misappropriate, convert, illegally withhold, or fail to account for any chari table contributions solicited by, or on behalf of, any charitable organization required to be registered pursuant to this chapter. 43-17-13. (a) Whenever it may appear to the Secretary of State, either upon com plaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the Secretary of State may, at his discretion, act under any or all of the following para graphs and may:
(1) Impose administrative sanctions as provided in this paragraph: (A) Subject to notice and opportunity for hearing in accordance with Code
Section 43-17-16, unless the right to notice is waived by the person against whom the sanction is imposed, the Secretary of State may:
(i) Issue a cease and desist order against any person; (ii) Censure the person if the person is registered as a paid solicitor; (iii) Bar or suspend the person from association with a paid solicitor or chari table organization; or (iv) Issue an order against a paid solicitor who willfully violates this chapter, imposing a civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings; (B) Imposition of the sanctions under this paragraph is limited as follows: (i) If the Secretary of State revokes the registration of a charitable organiza tion or paid solicitor or bars a person from association with a charitable organiza tion or paid solicitor under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposition of the sanction specified in division (iv) of subparagraph (A) of this paragraph; and (ii) The imposition by the Secretary of State of one or more sanctions under this paragraph with respect to a specific violation precludes the Secretary of State from later imposing any other sanctions under this paragraph with respect to the violation; (C) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under subparagraph (A) of this paragraph, the Secretary of State shall consider, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated under this chapter or an order of the Secretary of State, the number of persons adversely affected by the conduct, and the resources of the person committing the violation; (2) Seek civil sanctions by applying to any superior court of competent jurisdiction in this state, which court: (A) Upon a showing by the Secretary of State that a person has violated this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, may enter or grant: (i) A temporary restraining order, permanent or temporary injunction, or a writ of prohibition or mandamus; (ii) A civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings; (iii) A declaratory judgment;
(iv) Restitution to contributors;
(v) An order of disgorgement;
(vi) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or
(vii) Other relief as the court deems just and equitable;
(B) May, upon a showing by the Secretary of State that the defendant is about to violate this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, issue:

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(i) A temporary restraining order; (ii) A temporary or permanent injunction; (iii) A writ of prohibition or mandamus; or (iv) Such other relief as the court deems just and equitable; (C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the Secretary of State under paragraph (1) of this subsection in connection with the transaction or transactions constituting a violation of this chapter, a rule promulgated under this chapter, or an order of the Secretary of State; or (3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his indi vidual discretion, institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant and his agents, employees, part ners, officers, or directors; and (2) The production of such documents, books, and records as may appear neces sary for the hearing upon the petition for an injunction. (c) In any action brought under subsection (a) of this Code section, the court, upon application of the state, may appoint a receiver for the assets of the defendant where it has been established: (1) That the defendant has engaged in a pattern of willful violations of this chapter which has resulted in substantial actual damage to citizens of this state; (2) That the defendant is outside this state or is actually removing or about to remove himself or his property outside the limits of this state or conceals himself or his property; or (3) That the appointment of the receiver is necessary to preserve the assets of the defendant for the benefit of citizens of the state damaged by the defendant's viola tions of this chapter. (d) When a receiver is appointed by the court pursuant to this chapter, he shall have the power to bring an action for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every descrip tion, derived by any means in violation of this chapter, including property with which such property has been mingled. He shall have the power to sell, convey, and assign the same and to hold and dispose of the proceeds thereof under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (e) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors; and
(2) The production of such documents, books, and records as may appear neces sary for the prosecution of such criminal proceedings.
43-17-14. (a) Any person who suffers injury or damages as a result of acts or prac tices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and attorney's fees may be awarded in cases of intentional violations of this chapter.
(b) Any person entitled to bring an action under this chapter may institute a class action pursuant to Code Section 9-11-23 for the recovery of damages.
43-17-15. For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the charitable organization's principal place of business in this state, and in any county

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in which any violator had control or possession of any proceeds of the violation or any books, records, documents, or other material or objects which were used in furtherance of the violation.
43-17-16. (a) Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person and if such person is a paid solicitor to the charitable organization who employs or proposes to employ such person, a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the Secretary of State or a person designated by the Secretary of State.
(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by registered or certified mail, return receipt requested, to the addressee's business mailing address. Such notice shall state:
(1) The order which has been issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and (3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice. (c) Whenever a person requests a hearing in accordance with this Code section, there shall immediately be set a date, time, and place for such hearing and the person request ing such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 43-17-7, the date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the charitable organization and the persons requesting the hearing. (d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearing, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such pur poses the Secretary of State is authorized, at the request of the person requesting the hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records,or papers. The subpoenas may be served by registered or certified mail, return receipt requested,to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e) (1) At any hearing conducted under this Code section, a party or any affected person may appear in his own behalf or may be represented by an attorney.
(2) A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the persons requesting the hearing shall agree that such a stenographic record of the testimony shall not be taken.
(3) The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of the hearing.
(f) (1) In the case of any hearing conducted under this Code section, the Secretary of State may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are granted in this Code section to the Secretary of State.
(2) The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the Secretary of State may require.
(3) In any case where a hearing is conducted by a referee, the referee shall submit to the Secretary of State a written report including the transcript of the testimony

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and evidence (if such transcript is requested by the Secretary of State), the findings of fact and conclusions of law, and a recommendation of action to be taken by the Secretary of State. Within five days of the time of submission thereof to the Secretary of State, a copy of such written report and recommendations shall be served upon the person who requested the hearing or his attorney or other representative of record by registered or certified mail. That person or his attorney, within ten days of service of the copy of such written report and recommendations, may file with the Secretary of State written objections to the report and recommendations which shall be considered by the Secretary of State before a final order is entered.
(4) No recommendation of the referee shall be approved, modified, or disapproved by the Secretary of State until after ten days after service of such report and recom mendations as provided in this subsection.
(5) The recommendations of the referee may be approved, modified, or disap proved by the Secretary of State. The Secretary of State may direct his referee to take additional testimony or to permit the introduction of further documentary evidence.
(6) In any hearing conducted by a referee, a transcript of testimony, evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Secretary of State.
(7) All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Secretary of State. (g) If the Secretary of State does not receive a request for a hearing within the pre scribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall:
(1) Set forth his findings with respect to the matters involved; and (2) Enter an order in accordance with his findings. 43-17-17. (a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secre tary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating: (1) The order from which the appeal is taken;
(2) The ground upon which a reversal or modification of the order is sought; and
(3) A demand for a certified transcript of the record of the order.
(b) Upon receipt of the notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reason able costs of such transcript. The appellant, within five days after receipt of the tran script, shall file such transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal and transcript of the record shall constitute appellant's com plaint. The complaint shall thereupon be entered on the trial calendar of the court.
(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his further action in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained.
43-17-18. Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising out of or founded upon the solicitation of charitable contributions in violation of this chapter may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the Secretary of State. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by registered or certified mail to the persons against whom such process or pleadings are directed at his latest address on file in the office of the Secretary of State.

FRIDAY, JANUARY 29, 1988

473

43-17-19. Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' Nothing contained in this chapter shall be construed to limit the authority of the administrator to take any action under the 'Fair Business Practices Act of 1975' regarding unfair and deceptive acts or practices in a solicitation or in solicitations.
43-17-20. For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
43-17-21. (a) In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception.
(b) In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception.
(c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
(d) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with this chapter, shall constitute primafacie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action.
43-17-22. Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be gov erned by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evidence of the commission of a crime or violation of this chapter, notwith standing any subsequent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be insti tuted after the lapse of the appropriate period of limitations which was in effect at the time the cause of action arose or the alleged commission of the crime occurred.
43-17-23. (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
(b) Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one nor more than five years, or both.
(c) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1304.

By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th, Carter of the 146th, Harris of the 84th and others:
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 change the definition of a "used car dealer;" to change the composition of the State Board of Registration of Used Car Dealers.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, 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 Senate substitute thereto:

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Anno tated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifications, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

The following Senate substitute was read:

A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to change the income qualifications for certain homestead exemptions for individuals over certain ages; to pro vide for a referendum and for effectiveness conditioned upon referendum approval; to pro vide for applicability; 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 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by striking Code Section 48-5-47, relating to homestead exemptions for individuals who are 65 years of age or over and who meet certain income qualifications, and inserting in its place a new Code section to read as follows:
"48-5-47. (a) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continues continued in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted to certain indi viduals 65 years of age or over by the seventh unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976 which reads as follows: . Pursuant to said provision of the Constitution ratified in 1982, the homestead exemption formerly granted by said provision of the Constitution of 1976 is superseded and modified as pro vided in subsection (b) of this Code section.
(b) Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $8,000.00 $11,500.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph subsection, net income shall not include income received as retirement, survivor or disability benefits under the Federal federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal federal Social

FRIDAY, JANUARY 29, 1988

475

Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph subsection. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such addi tional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the proc essing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has once been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph
this exemption including penalties necessary therefor. T-he increased exemption provided for herein shall apply te aH taxable years beginning after December 9A-, 1080.' oaid provisions of tnc constitution or lu / o snail continue m etiect as statutory law until otherwise provided for by ktwr
{b} (c) The application for the homestead exemption of individuals 65 years of age or older provided for by subsection {a} (b) of this Code section shall be in the form pre scribed by the commissioner. The application shall require the applicant's social security number. The tax commissioner or tax receiver shall be authorized to have the statement of income of any claimant verified by the department upon sending the social security number of a claimant to the department."
Section 2. Said part is further amended in Code Section 48-5-52, relating to home stead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifications, by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) of Code Section 48-5-52 to read as follows:
"(a) The homestead of each resident of each independent school district and of each county school district within this state who is 62 years of age or over and who, for the purposes of all tax years beginning on or after January 1, 1081 1988, has a gross income from all sources, including the income of all members of the family residing within the homestead, not exceeding $8,000.00 $11,500.00 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of any such school system, including taxes to retire school bond indebtedness. The exemption shall not exceed $10,000.00 of the homestead's assessed value.
(b) (1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts.
(2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the:
(A) Age of the owner on January 1 immediately preceding the filing of the affi davit;
(B) Total amount of income received by the owner from all sources during the immediately preceding calendar year;
(C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and

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(D) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been allowed the exemp tion provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineli gible for any reason for the exemption provided for in this Code section."

Section 3. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the 1988 presi dential preference primary. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

) YES ) NO

Shall the Act be approved which: (1) increases from $8,000.00 to $11,500.00 the maximum amount o gross annual income which a person 62 years of age or over may receive in order to be eligible for an increased homestead exemption from ad valorem school taxes; and (2) increases from $8,000.00 to $11,500.00 the maximum amount of income (exclusive of certain retirement, pension, and disability income) which a person 65 years of age or over may receive in order to be eligible for an increased exemption from ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become effective immediately. If a taxpayer files a proper affidavit on or before the last day for filing his or her tax return in 1988, then Sections 1 and 2 of this Act shall apply with respect to such taxpayer's J988 and future ad valorem taxes; and otherwise Sections 1 and 2 of this Act shall apply to' any taxpayer who has so filed a timely affidavit at any time thereafter.
Nothing in this Act shall require any person who qualified for any homestead exemp tion under prior law to reapply in order to be allowed the exemption.

Section 4. Notwithstanding any other contrary provision of this Act, if for any reason the special election called for by this Act cannot lawfully be held on the date of and in conjunction with the March, 1988, presidential preference primary, then such special elec tion shall be held on the date of and in conjunction with the November, 1988, general elec tion and the provisions of Sections 1 and 2 of this Act shall become effective, if approved
by the voters, on January 1, 1989.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jackson of the 9th and Walker of the 115th move to amend the Senate substitute to HB 778 by striking the figure "$11,500.00" where it appears on line 12 of page 2 and on line 15 of page 4, and by inserting in lieu thereof in each such place
the figure "$10,000.00".

FRIDAY, JANUARY 29, 1988

477

By striking the figure "$11,500.00" where it appears on lines 15 and 21 of page 6 and inserting in lieu thereof in each such place the figure "$10,000.00".

Representative Jackson of the 9th moved that the House agree to the Senate substi tute to HB 778, as amended by the House.
On the motion, the ayes were 108, nays 0.
The motion prevailed.

The following communication from the Secretary of State was received and read:

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 538 through 599, who have registered in the Docket of Legislative Appearance as of January 29, 1988, 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 29th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

538. Deborah Silver Residential Coalition Citizen 100 Edgewood Avenue Suite 502 Atlanta, Georgia 30303
539. Wayne V. Lister The Georgia Association of Personal Care Homes 977 Ponce De Leon Avenue Atlanta, Georgia 30306
540. Mathew Foster Amalgamated Transit Union Local 732 501 Pulliam St., S.W. Suite 350 Atlanta, Georgia 30312
541. Barbara Green Hill Georgia Citizens for The Arts 1404 Spring Street Atlanta, Georgia 30309

542. J. Render Hill US Sprint Court Square Greenville, Georgia 30222
543. Ski Bashinski Georgia Funeral Directors Association Georgia Automatic Merchandising Council Surveying and Mapping Society of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Association Georgia Pest Control Association 3009 Rainbow Drive Suite 123 Decatur, Georgia 30034
544. James M. Griffith Georgia Power Company Box 4545 Atlanta, Georgia 30302

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545. Clinch G. Norsworthy, III Georgia Council on Moral and Civic Concerns, Inc. 200 Forrest Lake Drive, N.W. Atlanta, Georgia 30327
546. John S. Sherrer Georgia Pharmaceutical Association 833 Campbell Hill Street Marietta, Georgia 30060
547. William (Bill) Renouf Associates Corporation of North America 2175 Parklake Drive Suite 450 Atlanta, Georgia 30341
548. Anita L. Brooks Georgia Federation of Teachers Atlanta Public Schools 6065 Roswell Road, N.E. Atlanta, Georgia 30328
549. Robert P. Constantine, Jr. Health Insurance Association of America Mag Mutual Insurance Company Financial Life Insurance Company of Georgia American Society of Landscape Architects (A.S.L.A.) American Society of Interior Designers (A.S.I.D.) California Vision Service Plan - CVSP American International Group Georgia Alliance of Interior Design Professionals 235 Peachtree Street, N.E. Suite 1600 Atlanta, Georgia 30303
550. William M. Bates Bates Associates Morehouse School of Medicine Interstate Paper Corporation Tobacco Institute Dehart and Darr 161 Spring Street, N.W. Suite 810 Atlanta, Georgia 30303
551. VOID

552. Jack Acree Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
553. James A. Cody Georgia Sheriffs Association 4301 Memorial Drive Decatur, Georgia 30032
554. Irene Munn Georgia Sheriffs Association 4301 Memorial Drive, Suite K Decatur, Georgia 30032
555. Elizabeth Stewart Savannah Area Chamber of Commerce 222 W. Oglethorpe Ave. Savannah, Georgia 31499
556. Win D. Padgett Trust Company of Georgia 25 Park Place Atlanta, Georgia 30302
557. Patsy House Professional Association of Georgia Educators Central Elementary School McRae, Georgia 31055
558. E. Leila L'Abate Georgia Environmental Project, Inc. 136 Marietta Street, N.W. #347 Atlanta, Georgia 30307
559. Cornelis De Vente The Georgia Environmental Project Concord Building 136 Marietta Street Suite 238 Atlanta, Georgia 30303
560. Monty Veazey Frito Lay Georgia Not for Profit Hospitals, Inc. 3M Company Post Office Box 1572 Tifton, Georgia 31793
561. Edward W. Lebaron, Jr. Memorial Hospital of Savannah 35 Broad Street llth Floor Atlanta, Georgia 30335

FRIDAY, JANUARY 29, 1988

479

562. William Leonard Jones Adoptees Search Network 882 S. Main Street Suite 100 Conyers, Georgia 30207
563. John S. Hightower Louisiana-Pacific Corporation 251 Fla. Street Suite 412 Baton Rouge, Louisiana 70801
564. Ruenette Gilbert Georgia Congress of Parents And Teachers (Georgia PTA) Georgia School Board Association (GSBA) Citizen Whitfield County School Board 1846 Beaverdale Road Dalton, Georgia 30720
565. Dr. Malcolm Cummings Georgia Association of Christian Schools Suite 218 337 South Milledge Avenue Athens, Georgia 30605
566. Wales F. Barksdale A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corporation City of Conyers 981 Milstead Avenue Conyers, Georgia 30207
567. VOID
568. VOID
569. George Hugh Ross Merrell Dow Pharmaceuticals Inc. 4678 Jefferson Township Lane Marietta, Georgia 30066
570. Charlotte Wilen Continuum Alliance for Healthy Mothers and Children, Inc. 1252 West Peachtree St., N.W. Suite 311 Atlanta, Georgia 30309
571. Robert S. Kahn Atlanta 88 Committee, Inc. 850 South Tower CNN Center Atlanta, Georgia 30303

572. Landen Jones-Gailey Georgia Coalition of Dog Clubs, Inc. 607 Third Avenue Decatur, Georgia 30030
573. Linda S. North Georgia Coalition of Dog Clubs, Inc. 3048 Mt. Olive Drive Decatur, Georgia 30033
574. Edward R. Vickrey Catoosa Education Association Post Office Box 130 Ringgold, Georgia 30736
575. Donald S. Massey Community Bankers Association of Georgia 1100 Circle 75 Parkway Suite 720 Atlanta, Georgia 30339
576. John T. Anderson Thermal Ceramics Post Office Box 923 Augusta, Georgia 30903
577. Claudia B. Ward Ringgold Telephone Company Post Office Box 869 Ringgold, Georgia 30736
578. John Selmon Ringgold Telephone Company RTC Communications Systems Post Office Box 869 Ringgold, Georgia 30736
579. Teresa Elaine Leary Georgia League of Women Voters 350 Spelman Lane, S.W. Atlanta, Georgia 30314
580. Doris Collins Vanhoozer The Atlanta Alzhiemers Chapter ADRA Post Office Box 525 Morrow, Georgia 30260
581. Tracy Patricia Leary Women's League of Voters 350 Spelman Lane Post Office Box 1059 Atlanta, Georgia 30314
582. Joe D. Douglas, Jr. Sanity, Inc. 13175 Hopewell Road Alpharetta, Georgia 30201

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583. Jesse M. Phillips Sanity, Inc. 360 Pony Tail Road Alpharetta, Georgia 30201
584. Herb Reese Northside Atlanta Progress Buckhead Business Association Fulton County Economic Advisory Board Buckhead Investment Properties ARC Development Advisory Board Voters for Better Government 3277 Roswell Road, N.E. Suite 127 Atlanta, Georgia 30305
585. J. Robert Benton Wine Institute Post Office Box 895 Jonesboro, Georgia 30237
586. Keith Robinson Georgia Enviromental Project 136 Marietta Street Atlanta, Georgia 30303
587. Anne Corwin Georgia Enviromental Project 136 Marietta Street Atlanta, Georgia 30303
588. Gregory B. Paxton Georgia Trust for Historic Preservation Georgians for Preservation Action 1516 Peachtree Street, N.W. Atlanta, Georgia 30309
589. Joe Cullen Williford, Jr. American Civil Liberties Union of Georgia Friends Atlanta, Inc. Metropolitan Atlanta Council of Gay & Lesbian Organizations 130 26th Street, N.W., #209 Atlanta, Georgia 30309-2013
590. Nancy L. May Georgia Burglar and Fire Alarm Association, Inc. Fraternal Order of Police Allentest Products Ga. Public Safety Coalition 3000 Langford Road, #2400 Norcross, Georgia 30071

591. Polly Finlon Hale Private Rehabilitation Suppliers of Georgia 4303 Memorial Drive, Suite B Decatur, Georgia 30032
592. Debianne Villines Georgia Nurses Association The Organization for Obstetric, Gynecological & Neonatal Nurses 1001 Johnson Ferry Road Atlanta, Georgia 30063
593. Todd Mitchell Krohn Metropolitan Atlanta Crime Commission 100 Edgewood Ave., N.E. Room 128 Atlanta, Georgia 30303
594. Greg Storm McLaughlin Georgia Conservancy Post Office Box 21083 Emory University Atlanta, Georgia 30322
595. Marsha Matson Silverman Support Initiative in Georgia Now (S.I.G.N.) 4434 Cedar Glen Stone Mountain, Georgia 30083
596. Guy ExWood Georgia Association of Assessing Officials 165 Central Avenue, S.W. Atlanta, Georgia 30335
597. Milo Dakin Alabama Sports Assn. Inc. 750 Washington Avenue, S.W. Suite 206 Montgomery, Alabama 36104
598. Bettie J. Sleeth Support Initiative in Georgia Now (S.I.G.N.) 5096 Galbraith Circle Stone Mountain, Georgia 30088
599. June Deen American Lung Association of Georgia 2452 Spring Road Smyrna, Georgia 30080

FRIDAY, JANUARY 29, 1988

481

Representative Groover of the 99th moved that the House do now adjourn until 10:00 o'clock, Monday morning, February 1, 1988, and the motion prevailed.

The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning, February 1, 1988.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 1, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Aaron Adams,G Adams,M Aiken Alford
Alien
Athon
Atkins
Bailey
Balk com
Bannister
Bargeron
Barnett.B Barnett.M Beck Benefield
Benn
Birdsong
Bishop Bostick Branch Brooks Brown Buck Buford Byrd Carrell Carter Chambless Childers Clark,B Clark.H Clark.L Colbert

Coleman Colwell Connell Cox Crawford Crosby Cummings.B Cummings.M Davis.G Davis.M Dixon Dobbs Dover
Dunn
Edwards Felton Floyd Foster Oaler Godbee Good win
Green
Greene
Greer Gresham
Griffin
Groover
Hamilton
Hanner
Harris
Hasty
Heard
Hensley

Herbert Holcomb Holmes Hooks Hudson Isakson Jackson.W Jamieson Johnson.D Johnson.R
Kilgore Kingston Lane.D Lane.R Langford Lawler Lawrence Lawson Lee Linder Long
Lord
Lucas Lupton
Mangum
McCoy McDonald
McKelvey
McKinney
Meadows
Milam
Mobley
Moody

Moore Mostiler Moultrie Mueller Oliver.C Oliver.M Orrock Padgett Pannell Parham Parrish Patten Peters Pettit Phillips Pittman Porter Powell Rainey Ramsey.T Ramsey.V
Randall
Ransom
Ray Reaves
Richardson
Ricketson
Robinson
Royal
Selman
Shepard Sherrod
Simpaon

Sinkfield Sizemore Smith.L Smith.T Smith.W
Snow
Stencil Stanley Steinberg Stephens
Thomas.C Thomas.M Thompson
Thurmond Tolbert Townsend Triplet! Twiggs Waddle Waldrep Walker.C Walker.L
Wall Ware Watson Watts Wilder Williams.B Williams,J
Wilson Wood Yeargin
Murphy.Spkr

Prayer was offered by the Reverend Bert Vaughn, Pastor, First Baptist Church, Calhoun, 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.

MONDAY, FEBRUARY 1, 1988

483

5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1546. By Representatives Watson of the 114th, Wood of the 9th, Groover of the 99th, Ware of the 77th, Dunn of the 73rd and others:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Anno tated, relating to purchase of liability insurance, etc., for public officers or employees generally, so as to change the definition of the term "agency"; to provide that foster parents duly appointed and approved by the Department of Human Resources shall be considered to be state employees or officials for certain purposes.
Referred to the Committee on Insurance.
HB 1547. By Representative Crosby of the 150th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxation, so as to extensively revise provisions relating to income taxation of corporations and allocation and apportionment of multistate income of all taxpayers; to change the method of calculation of taxable net income of cor porations.
Referred to the Committee on Ways & Means.
HB 1548. By Representative Pettit of the 19th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess vehicle weights and dimensions, so as to authorize the issuance of special permits for oversized loads for vehicles transporting certain commodities on all roads and without regard to whether the load can be dismantled or separated.
Referred to the Committee on Transportation.
HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton miscon duct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.
Referred to the Committee on Judiciary.
HB 1550. By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
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 provide for the terms and conditions under which counties or municipalities may enter into multiyear lease, purchase, or lease purchase contracts.
Referred to the Committee on Judiciary.

484

JOURNAL OF THE HOUSE,

HB 1551. By Representative Royal of the 144th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solic itor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1552. By Representative Royal of the 144th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to provide how the members of the board of commissioners shall be elected; to provide for five single-member commissioner districts; to provide for staggered terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1553. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to programs for the con tinued development of public school officials and professional personnel certified by the State Board of Education; to repeal the present law relating to the Georgia Education Leadership Academy.
Referred to the Committee on Education.

HB 1555. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1556. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to increase the amount of the homestead exemption from Rockdale County ad valorem taxes and Rockdale County School District ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebted ness, which applies to the homestead of each resident of Rockdale County actually occupied by the owner as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1557. By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to require the judge of the probate court to issue certain certificates stating the date, time, and place where an adult has been declared incapacitated and guardianship created; to provide for certain certificates in cases where guardianships have been terminated.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 1, 1988

485

HB 1558. By Representatives McDonald of the 12th, Stancil of the 66th and Pettit of the 19th:
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 farm wineries shall be authorized to sell wine during certain hours on Sunday.
Referred to the Committee on Regulated Beverages.

HB 1560. By Representative Waldrep of the 80th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to change the terms of the members of the board of commis sioners; to provide for staggered terms.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 702. By Representative Langford of the 7th:
A resolution authorizing the leasing of certain state owned property located in Gordon County.
Referred to the Committee on State Institutions & Property.

HR 703. By Representatives Ransom of the 90th, Bannister of the 62nd, Barnett of the 59th, Shepard of the 71st, Pittman of the 60th and others:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 705. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.
Referred to the Committee on Appropriations.

HR 706. By Representative McKinney of the 35th: A resolution compensating Mr. Willie B. Cobb, Jr.
Referred to the Committee on Appropriations.

HR 707. By Representative Coleman of the 118th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant the City of Helena an easement upon and under certain real property owned by the State of Georgia in Telfair County, Georgia, for the construction, operation, maintenance, repair, and improve ment of certain water service facilities.
Referred to the Committee on State Institutions & Property.

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

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JOURNAL OF THE HOUSE,

HB 1566. By Representatives Workman of the 51st and Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, known as the "Georgia Securities Act of 1973,"so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives.
Referred to the Committee on Industry.

HB 1575. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Coleman of the 118th, Dobbs of the 74th and others:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to provide for the protection of water supplies; to provide for a short title; to provide for definitions; to provide for statements of findings and intent; to provide for the identification of streams from which communities obtain or will obtain water supplies.
Referred to the Committee on Natural Resources & Environment.

HB 1580. By Representatives Greer of the 39th, Martin of the 26th and Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Transit Author ity Act of 1965," so as to give the Authority power to contract for cleaning, maintenance, and landscaping services by negotiation and to make purchases without competitive bidding in certain cases in which the state or federal government has in effect a contract for like purchases.
Referred to the Committee on State Planning & Community Affairs.

HB 1587. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-34-5 of the Official Code of Georgia Anno tated, relating to motor vehicle insurance coverages required to be offered on an optional basis, so as to provide for optional coverage without regard to fault for sudden accidental damage to an insured vehicle.
Referred to the Committee on Insurance.

HB 1588. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to uninsured motorist coverage in motor vehicle insurance policies, so as to provide for a deductible in excess of $250.00 to be offered on an optional basis and at reduced rates; to provide a definition of "insured vehicle"; to provide for the applicability of uninsured motorist coverage.
Referred to the Committee on Insurance.

HB 1589. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Anno tated, relating to the requirement of insurable interest with reference to per sonal insurance, so as to provide that a publicly owned corporation shall have an insurable interest in the lives of any of its directors, officers, and employees.
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 1, 1988

487

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

HB 1521 HB 1522 HB 1523 HB 1524 HB 1525 HB 1526
HHHRBB 1i1s55Q23n90

HB 1545 HB 1554 HB 1559 HR 698 HR 699 SB 158
SB 421
ct> /199
eSSBBn A4444M10

HB 1537 HB 1538 HB 1539 HB 1540 HB 1542 HB 1544

SbBB 506 SB 507 SB 535 SR 277 SR 278 SR 282

Representative Patten of the 149th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 228 Do Pass HB 1326 Do Pass, by Substitute HB 1454 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Coleman of the 118th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 34 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

Mr. Speaker:

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

HB 1359 Do Pass, by Substitute HB 1504 Do Pass

HB 1505 Do Pass HB 1510 Do Pass

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

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

HB 1359.

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 description of the commis sioner districts.

The following Committee substitute was read and adopted:

A BILL
To amend an Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5018), so as to change the composition of the board; to provide for the election, qualifications, and terms of the chairman and other members of the board; to provide for commissioner districts; to abolish certain road dis trict positions on the board; to provide for the powers and duties of the chairman of the board; to provide for resolutions and to provide that the chairman may veto, approve, or fail to approve certain resolutions and the conditions, consequences, and procedures relat ing thereto; to provide for a chairman pro tempore and the rights and responsibilities thereof; to provide for vacancies; to change the provisions relating to quorum and certain votes required; to provide for effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5018), is amended by striking Section 1 thereof, providing for composition of the Board of Commissioners of Barrow County, and inserting in its place a new Section 1 to read as follows:

MONDAY, FEBRUARY 1, 1988

489

"Section 1. On and after January 1, 1989, the Board of Commissioners of Barrow County, sometimes referred to in this Act as 'the board,' shall be composed of seven members, one of whom shall be the chairman, and all of whom shall be selected as pro vided in this Act."
Section 2. Said Act is further amended by striking Section 3 thereof, providing for qualifications of members of the board, and inserting in its place a new Section 3 to read as follows:
"Section 3. (a) No member of the board shall be ineligible for public office pur suant to Code Section 45-2-1 of the O.C.G.A. Each of the persons elected from commis sioner districts shall have been a resident of that person's respective commissioner district for at least six months prior to the date of taking office. In the event the chair man ceases to be a resident of Barrow County during that person's term of office or in the event any member ceases to be a resident of the respective commissioner district from which that member was elected or appointed during that member's term of office, a vacancy shall thereby be created and shall be filled in the manner provided in Section 8 of this Act. The chairman of the board shall be elected by the qualified electors of the entire county. Each of the other members shall be elected by the qualified electors residing only in the respective commissioner district from which that person seeks elec tion as a member. Any person wishing to offer as a candidate for chairman shall offer as a candidate for that office. Any person offering as a candidate for member of the board other than chairman shall designate the commissioner district for which that person is offering. The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A.
(b) A person appointed or elected to fill a vacancy on the board pursuant to Section 8 of this Act shall meet, as of the time such person takes office, the residency and other requirements established for that office pursuant to subsection (a) of this section and, if that person is elected to fill that vacancy, shall be elected by those electors authorized to vote for that office under that subsection (a)."
Section 3. Said Act is further amended by striking Section 4 thereof, describing commissioner districts, and inserting in its place a new Section 4 to read as follows:
"Section 4. (a) For purposes of electing members of the board, Barrow County shall be divided into six commissioner districts as follows:
COMMISSIONER DISTRICT 1 Begin at the intersection of the southerly right-of-way of Patrick Mill Road with the Appalachee River; thence in a northerly direction along the southerly right-of-way of Patrick Mill Road to its intersection with the southerly right-of-way of Roxey Maxey Road; thence in an easterly direction along the southerly right-of-way of Roxey Maxey Road to its intersection with the easterly right-of-way of Tom Miller Road; thence in a northwesterly direction along the easterly right-of-way of Tom Miller Road to its intersection with the southerly right-of-way of Patrick Mill Road; thence in a nor therly direction along the southerly right of way of Patrick Mill Road to its intersec tion with the southerly right-of-way of Bill Rutledge Road; thence in an easterly direction along the southerly right-of-way of Bill Rutledge Road to its intersection with the southerly right-of-way of State Highway 81; thence in an easterly direction along the southerly right-of-way of State Highway 81 to its intersection with the southerly right-of-way of Lee Street; thence in a southeasterly direction along the southerly right-of-way of Lee Street to its intersection with the easterly right-of-way of Maynard Street; thence in a northeasterly direction along the easterly right-of-way of Maynard Street to its intersection with the southerly right-of-way of Second Street; thence in an easterly direction along the southerly right-of-way of Second Street to its intersection with the easterly right-of-way of Wade Street; thence in a northerly direction along the easterly right-of-way of Wade Street to its intersection with the southerly right-of-way of Williams Street; thence in an easterly direction along the southerly right-of-way of Williams Street to its intersection with the easterly right-ofway of Williamson Street; thence in a northerly direction along the easterly right-ofway of Williamson Street to its intersection with the southerly right-of-way of

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Midland Avenue; thence in a Westerly direction along the southerly right-of-way of Midland Avenue to its intersection with the easterly right-of-way of Williams Street; thence in a northeasterly direction along the easterly right-of-way of Williams Street to its intersection with the southerly right-of-way of Capital Avenue; thence in an northwesterly direction along the southerly right-of-way of Capital Avenue to its inter section with the easterly right-of-way of King Street; thence in a northerly direction along the easterly right-of-way of King Street to its intersection with the southerly right-of-way of Wright Street; thence in an easterly direction along the southerly right-of-way of Wright Street to its intersection with the easterly right-of-way of Jessie Street; thence northerly along the easterly right-of-way of Jessie Street to its intersection with the southerly right-of-way of Shields Street; thence in a north westerly direction along the southerly right-of-way of Shields Street to its intersection with the easterly right-of-way of King Street; thence in a northeasterly direction along the easterly right-of-way of King Street to its intersection with the easterly right-ofway of Hazel Street; thence in a northerly direction along the easterly right-of-way of Hazel Street to its intersection with the southerly right-of-way of State Highway 82; thence in an easterly direction along the southerly right-of-way of State Highway 82 to its intersection of the Winder City Limits; thence in a southerly direction along the Winder City Limits to its intersection with the southerly right-of-way of Wright Street; thence in an easterly direction along the southerly right-of-way of Wright Street to its intersection with the westerly right-of-way of Pickle Simon Road; thence in a southerly direction along the westerly right-of-way of Pickle Simon Road to its intersection with the westerly right-of-way of Chapel Church Road; thence in a south erly direction along the westerly right-of-way of Chapel Church Road to its intersec tion with the northerly right-of-way of State Highway 8; thence in an easterly direction along the northerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way of Bert Day Road; thence in a southerly direction along the westerly right-of-way of the Bert Day Road to its intersection with the northerly right-of-way of State Highway 53; thence in a westerly direction along the northerly right-of-way of State Highway 53 to its intersection with the westerly right-of-way of Golf Course Road; thence in a southerly direction along the westerly right-of-way of Golf Course Road to its intersection with the easterly right-of-way of Corinth Church Road; thence in a northerly direction along the easterly right-of-way of Corinth Church Road to its intersection with the easterly right-of-way of State Highway 11; thence in a southerly direction along the easterly right-of-way of State Highway 11 to its intersection with the easterly right-of-way of Harry McCarty Road; thence in a southerly direction along the easterly right-of-way of Harry McCarty Road to its inter section with the easterly right-of-way of Briscoe Mill Road; thence in a southerly direction along the easterly right-of-way of Briscoe Mill Road to its intersection with the northerly right-of-way of Tanner Bridge Road; thence in an easterly direction along the northerly right-of-way of Tanner Bridge Road to its intersection with the easterly right-of-way of State Highway 11; thence in a southerly direction along the easterly right-of-way of State Highway 11 to its intersection with the Appalachee River; thence in a westerly direction along the Appalachee River to the true point of beginning.
COMMISSIONER DISTRICT 2 Begin at the intersection of the easterly right-of-way of State Highway 11 with the Appalachee River; thence in a northerly direction along the easterly right-of-way of State Highway 11 to its intersection with the northerly right-of-way of Tanners Bridge Road; thence in a westerly direction along the northerly right-of-way of Tanners Bridge Road to its intersection with the easterly right-of-way of Briscoe Mill Road; thence in a northerly direction along the easterly right-of-way of Briscoe Mill Road to its intersection with the easterly right-of-way of Harry McCarty Road; thence in a northerly direction along the easterly right-of-way of Harry McCarty Road to its intersection with the easterly right-of-way of State Highway 11; thence in a northerly direction along the easterly right-of-way of State Highway 11 to its intersection with the westerly right-of-way of Corinth Church Road; then in a southerly direction along

MONDAY, FEBRUARY 1, 1988

491

the westerly right-of-way of Corinth Church Road to its intersection with the south erly right-of-way of Golf Course Road; thence in a northeasterly direction along the southerly right-of-way of Golf Course Road to its intersection with the southerly rightof-way of State Highway 53; thence in an easterly direction along the southerly rightof-way of State Highway 53 to its intersection with the easterly right-of-way of Bert Day Road; thence in a northerly direction along the easterly right-of-way of Bert Day Road to its intersection with the southerly right-of-way of State Highway 8; thence in an easterly direction along the southerly right-of-way of State Highway 8 to its intersection with the easterly right-of-way of Chapel Church Road; thence in a nor therly direction along the easterly right-of-way of Chapel Church Road to its intersec tion with the easterly right-of-way of Pickle Simon Road; thence in a northerly direction along the easterly right-of-way of Pickle Simon Road to its intersection with the northerly right-of-way of Wright Street; thence in a westerly direction along the northerly right-of-way of Wright Street to its intersection with the Winder City Limits; thence in a northerly direction along the Winder City Limits to its intersection with the northerly right-of-way of State Highway 82; thence in a westerly direction along the northerly right-of-way of State Highway 82 to its intersection with the east erly right-of-way of State Highway 11; thence in a northeasterly direction along the easterly right-of-way of State Highway 11 to its intersection with the southerly rightof-way of Holsenbeck School Road; thence in a southeasterly direction along the southerly right-of-way of Holsenbeck School Road to its intersection with the easterly right-of-way of Dunahoo Road; thence in a northerly direction along the easterly rightof-way of Dunahoo Road to its intersection with the northerly right-of-way of State Highway 211; thence in a northwesterly direction along the northerly right-of-way of State Highway 211 to its intersection with the easterly right-of-way of State Highway 11; thence in a northeasterly direction along the southerly right-of-way of State High way 11 to its intersection with the Mulberry River; thence in an easterly direction along the Mulberry River to its intersection with the westerly right-of-way of Hancock Bridge Road; thence in a southerly direction along the westerly right-of-way of Hancock Bridge Road to its intersection with the westerly right-of-way of Pleasant Hill Church Road; thence in a southerly direction along the westerly right-of-way of Pleasant Hill Church Road to its intersection with the westerly right-of-way of Bowman Mill Road; thence in a southerly direction along the right-of-way of Bowman Mill Road to its intersection with State Highway 8; thence in a southerly direction along the westerly right-of-way of Jackson Trail Road to its intersection with the southerly right-of-way of State Highway 53; thence in an easterly direction along the southerly right-of-way of State Highway 53 to its intersection with the Barrow County/Oconee County Line; thence in a southerly direction along the Barrow County boundary line and in a westerly direction along the Appalachee River to the true point of beginning.
COMMISSIONER DISTRICT 3 Commence at the intersection of the northerly right-of-way of Georgia Highway No. 53 at its intersection with the Barrow County/Oconee County line; thence in a west erly direction along the northerly right-of-way of Georgia Highway 53 to the easterly right-of-way of County Road No. 139 (a/k/a Jackson Trail Road and a/k/a Bowman Mill Road); thence in a northerly direction along the easterly right-of-way of County Road No. 139 to its intersection with the easterly right-of-way of Pleasant Hill Church Road; thence in a northerly direction along the easterly right-of-way of Pleasant Hill Church Road to its intersection with the easterly right-of-way of Hancock Bridge Road; thence in a northerly direction along the easterly right-of-way of Hancock Bridge Road to its intersection with the Mulberry River; thence continue in a easterly direction along the Mulberry River and in a southerly direction along the Barrow County boundary lines continuing to the true point of beginning.
COMMISSIONER DISTRICT 4 Commence at the intersection of the westerly right-of-way of Patrick Mill Road with the Appalachee River; thence in a northerly direction along the westerly right-of-way

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of Patrick Mill Road to its intersection with the northerly right-of-way of Roxey Maxey Road; thence in an easterly direction along the northerly right-of-way of Roxey Maxey Road to its intersection with the westerly right-of-way of Tom Miller Road; thence in a northwesterly direction along the westerly right-of-way of Tom Miller Road to its intersection with the northerly right-of-way of Patrick Mill Road; thence in a northerly direction along the westerly right-of-way of Patrick Mill Road to its intersection (as extended) with the southerly right-of-way of the Old Bankhead High way; thence in a westerly direction along the southerly right-of-way of the Old Bankhead Highway to its intersection with the westerly right-of-way (extended) of Pierce Road; thence in a northerly direction along the westerly right-of-way of Pierce Road to its intersection with the northerly right-of-way of Carl Cedar Hill Road; thence in an easterly direction along the northerly right-of-way of Carl Cedar Hill Road to its intersection with the westerly right-of-way of Georgia Highway No. 211; thence in a northerly direction along the westerly right-of-way of Georgia Highway 211 to its intersection with the Little Mulberry River; thence in an easterly direction along the Little Mulberry River to its intersection with the Mulberry River; thence in a westerly direction along the Mulberry River and continuing in a southerly direction along the Barrow County/Gwinnett County boundary line to the Appalachee River; thence in an easterly direction along the Appalachee River to the true point of begin ning.
COMMISSIONER DISTRICT 5 Begin at the intersection of the westerly right-of-way of Center Street with the west erly right-of-way of Midland Avenue in the City of Winder; thence in a southerly direction along the westerly right-of-way of Center Street to its intersection with the northerly right-of-way of Bill Rutledge Road; thence in a westerly direction along the northerly right-of-way of Bill Rutledge Road to its intersection with the easterly rightof-way of Patrick Mill Road; thence in a northerly direction along the easterly rightof-way of Patrick Mill Road to its intersection (as extended) with the northerly right-of-way of the Old Bankhead Highway; thence in a westerly direction along the northerly right-of-way of the Old Bankhead Highway to its intersection with the east erly right-of-way of Pierce Road; thence in a northerly direction along the easterly right-of-way of Pierce Road to its intersection with the southerly right-of-way of Carl Cedar Hill Road; thence in an easterly direction along the southerly right-of-way of Carl Cedar Hill Road to its intersection with the southerly right-of-way of Rockwell Church Road; thence in an easterly direction along the southerly right-of-way of Rockwell Church Road to its intersection with the westerly right-of-way of Miles Patrick Road (closed); thence in a southerly direction along the westerly right-of-way of Miles Patrick Road to its intersection with the westerly right-of-way of Midland Street; thence in a southerly direction along the westerly and southerly right-of-way of Midland Street to the true point of beginning.
COMMISSIONER DISTRICT 6 Commence at the intersection of the westerly right-of-way of State Highway 11 with the Mulberry River; thence in a southerly direction along the westerly right-of-way of State Highway 11 to its intersection with the southerly right-of-way of State Highway 211; thence in a southeasterly direction along the southerly right-of-way of State Highway 211 to its intersection with the westerly right-of-way of Dunahoo Road; thence in a southerly direction along the westerly right-of-way of Dunahoo Road to its intersection with the northerly right-of-way of Holsenbeck School Road; thence in a northwesterly direction along the northerly right-of-way of Holsenbeck School Road to its intersection with the westerly right-of-way of State Highway 11; thence in a southerly direction along the westerly right-of-way of State Highway 11 to its intersec tion with the southerly right-of-way of State Highway 82; thence in an easterly direc tion along the southerly right-of-way of State Highway 82 to its intersection with the westerly right-of-way of Hazel Street; thence in a southerly direction along the west erly right-of-way of Hazel Street to its intersection with the westerly right-of-way of King Street; thence in a southerly direction along the westerly right-of-way of King

MONDAY, FEBRUARY 1, 1988

493

Street to its intersection with the southerly right-of-way of Shields Street; thence southeasterly along the southerly right-of-way of Shields Street to its intersection with the westerly right-of-way of Jessie Street; thence in a southerly direction along the westerly right-of-way of Jessie Street to its intersection with the northerly right-ofway of Wright Street; thence westerly along the northerly right-of-way of Wright Street to its intersection with the westerly right-of-way of King Street; thence south erly along the westerly right-of-way of King Street to its intersection with the south erly right-of-way of Capital Street; thence in a southeasterly direction along the right-of-way of Capital Street to its intersection with the westerly right-of-way of Williams Street; thence southerly along the westerly right-of-way of Williams Street to its intersection with the southerly right-of-way of Midland Avenue; thence easterly along the southerly right-of-way of Midland Avenue to its intersection with the west erly right-of-way of Williamson Street; thence in a southerly direction along the west erly right-of-way of Williamson Street to its intersection with the northerly right-of-way of Williams Street; thence in a westerly direction along the northerly right-of-way of Williams Street to its intersection with the westerly right-of-way of Wade Street; thence in a southerly and westerly direction along the westerly right-ofway of Wade Street to its intersection with the northerly right-of-way of Second Street; thence in a westerly direction along the northerly right-of-way of Second Street to its intersection with the westerly right-of-way of Maynard Street; thence in a south erly direction along the westerly right-of-way of Maynard Street to its intersection with the northerly right-of-way of Lee Street; thence in a westerly direction along the northerly right-of-way of Lee Street to its intersection with the easterly right-of-way of Broad Street; thence in a southerly direction along the easterly right-of-way of Broad Street to its intersection with the easterly right-of-way of Center Street; thence northerly along the easterly right-of-way of Center Street to its intersection with the easterly right-of-way of Midland Avenue; thence in a northerly direction along the easterly right-of-way of Midland Avenue to its intersection with the easterly right-ofway of Miles Patrick Road; thence in a northerly direction along the easterly right-ofway of Miles Patrick Road to its intersection with the northerly right-of-way of Rockwell Church Road; thence in a westerly direction along the northerly right-of-way of Rockwell Church Road to its intersection with the easterly right-of-way of State Highway 211; thence in a northwesterly direction along the easterly right-of-way of State Highway 211 to its intersection with the Little Mulberry River; thence easterly along the Little Mulberry River to its intersection with the Mulberry River; thence in an easterly direction along the Mulberry River to the true point of beginning, (b) Any part of Barrow County which is not included in a commissioner district described in subsection (a) of this section shall be included within that district which is contiguous to that part and 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 4. Said Act is further amended by striking Section 5 thereof, relating to election of members to the board, and inserting in its place a new Section 5 to read as follows:
"Section 5. (a) Those members of the Board of Commissioners of Barrow County elected thereto at the November general election held in 1984, and any person who is a member of the board by reason of being selected to fill a vacancy in the office of a member so elected, shall continue to serve out their respective terms of office, which expire December 31, 1988, and until their respective successors are elected and qualified as provided in subsection (b) of this section. No one shall be elected as a member of the board from a road district at the November general election held in 1988 or any year thereafter, and those road district membership positions on the board are abolished when the members first elected from commissioner districts, as described in Section 4 of this Act, take office.
(b) Members of the board first elected from Commissioner Districts 4, 5, and 6, as described in Section 4 of this Act, shall be elected at the November general election in 1988 and take office the first day of January, 1989, to serve for initial terms of office

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of two years each. The chairman and those members of the board first elected from Commissioner Districts 1, 2, and 3, as described in Section 4 of this Act, shall be elected at the November general election in 1988 and take office the first day of January, 1989, to serve for initial terms of office of four years each.
(c) After the initial terms of office specified in subsection (b) of this section, all future successors to the chairman and members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election to serve for terms of office of four years each. A person elected as chairman or other member of the board shall serve for the respective term of office specified therefor in subsection (b) of this section and this subsection and until that person's successor is elected and qualified."
Section 5. Said Act is further amended by striking Section 7 thereof, relating to powers of the chairman, and inserting in its place a new Section 7 to read as follows:
"Section 7. (a) The chairman of the board shall: (1) Preside at all meetings of the board but shall not vote unless the board is
equally divided, in which event the chairman shall vote and that vote shall be counted the same as the vote of any other member of the board;
(2) Appoint members and chairmen of all committees of the board; (3) Be recognized as the official head of Barrow County by state, federal, and other authorities for military and ceremonial functions; (4) Veto, approve, or fail to approve resolutions of the board as provided in sub section (b) of this section; and (5) Be the chief executive officer of Barrow County with authority and responsibil ity to implement the actions of the board and generally to supervise, direct, control, and provide for the administration of the affairs of Barrow County. (b) Every official act of the board having the force and effect of law shall be by reso lution of the board. Any such resolution adopted or approved by the board shall be sub mitted to the chairman thereof within two calendar days following its adoption or approval. The chairman shall approve or veto the resolution within eight calendar days after adoption or approval, and no resolution shall become effective without the chairman's approval except as provided in this subsection. If the chairman vetoes a reso lution, the chairman shall within two business days of such veto return it to the board accompanied by a written statement of the reasons for that veto. If the board shall pass the resolution by a vote of five of its members at the meeting next held after the resolu tion has been returned with the chairman's veto, it shall become law without the chairman's approval. In the event the chairman does not approve or veto the resolution within the time required, it shall become law without the chairman's approval. The chairman may veto any item or items of any resolution making appropriations; the part or parts of any resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the board over the chairman's veto as provided in this subsection with respect to the passage of a vetoed resolution. (c) A chairman pro tempore, to be selected by the board, shall preside at board meetings in the absence of the chairman, shall have no other powers of the chairman, but shall have the same right to vote while so presiding as any other member."
Section 6. Said Act is further amended by striking Section 8 thereof, relating to vacancies, and inserting in its place a new Section 8 to read as follows:
"Section 8. (a) In the event of a vacancy in the membership of the board, whether that vacancy is in the office of chairman or any other member, and that vacancy occurs for any reason other than expiration of term, that vacancy shall be filled as provided in this section:
(1) If the unexpired term is six months or less, the remaining members of the board, within 30 days after the occurrence of the vacancy, shall appoint a qualified person to fill the vacancy for the unexpired term and until a successor is elected and qualified;

MONDAY, FEBRUARY 1, 1988

495

(2) If the vacancy occurs within the first two years of the term of the vacated office and a November general state-wide election will be held within 180 days but not less than 35 days after the occurrence of that vacancy, then the remaining mem bers of the board shall appoint, within 15 days after the vacancy occurs, a successor to fill that vacancy until it is filled for the remaining unexpired term by a person who shall be elected at a special election held upon the same date as that November gen eral election. The election superintendent of Barrow County shall conduct that special election on the same date as that November general election and shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The person elected at such special election to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unex pired term and until a successor is elected and qualified; or
(3) If the vacancy occurs at a time other than as provided for in paragraph (1) or (2) of this subsection, then within 15 days after the occurrence of said vacancy, the election superintendent of Barrow County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. That superintendent shall set the date of that special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The person elected to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining unexpired term and until a successor is elected and qualified. (b) The provisions of Chapter 2 of Title 21 of the O.C.G.A. shall apply to special elections to fill vacancies provided for in this section."
Section 7. Said Act is further amended by striking Section 13 thereof, relating to board meetings, and inserting in its place a new Section 13 to read as follows:
"Section 13. The board shall hold at least one session on the second Tuesday in each month at the county site, where the clerk of the board shall keep office. At the request of a majority of the board, the chairman may at any time call an extra session. The commissioners shall have the right to adjourn from day to day until they finish their business. A quorum shall consist of four members of the board in addition to the chair man. An affirmative vote of a majority of the quorum present at any meeting of the board shall be necessary to pass any order or any subject matter."
Section 8. Those provisions of this Act relating to and necessary for the election of the chairman and members of the Board of Commissioners of Barrow county at the November general election of 1988 shall become effective upon the approval of this Act by the Governor or upon its becoming law without that approval; the remaining provisions of this Act shall become effective January 1, 1989.
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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1510.

By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th, Thompson of the 20th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to provide that the Authority shall undertake a program for the control of pigeons within the Downtown Marietta District.

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

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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 VI, Section II, Paragraph IV of the Constitution, the following Bills of the House were taken up for consideration and read the third time:

HB 1504.

By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county school district ad valorem taxation, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the Gwinnett County school district actually occupied by the owner as a resi dence and homestead.

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
Bannister Bargeron Barnett,B Y Barnett.M YBeck Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch Brooks Y Brown
YBuck Y Buford
Byrd Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell
Couch
YCox Y Crawford
Y Crosby Y Cummings,B Y Cummings.M
Davis.G 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 Y Manner Y Harris Y Hasty 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
Lord Lucas Lupton Y Mangum Martin
Y McCoy Y McDonald
Y McKelvey Y McKinney Y Meadows
Y Milam Y Milford Y Mobley
Moody Y Moore Y Morton

Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M 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 Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketaon Y Robinson 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
Y Snow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert
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 Y Wilson Y Wood
Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1505.

By Representatives Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Pittman of the 60th, Jackson of the 9th and others:
A bill to increase the amount of the homestead exemption from county ad valorem taxes other than county school district taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of Gwinnett County actually occupied by the owner as a residence and home stead.

MONDAY, FEBRUARY 1, 1988

497

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 Bannister Bargeron Barnett.B Y Barnett.M YBeck Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch Brooks Y Brown YBuck Y Buford Byrd Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman
Y Colwell Y Connell
Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings.M
Davis.G 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 Y Manner Y Harris Y Hasty 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
Lord Lucas Lupton Y Mangum
Martin Y McCoy
Y McDonald Y McKelvey
Y McKinney Y Meadows YMilam Y Milford Y Mobley
Moody Y Moore Y Morton

Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M
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
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend 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 Y Wilson
Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 143, 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:

SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to define certain terms; to provide for the effect of personal service contracts between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents.

SB 430. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Anno tated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council.

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SB 431. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a program of assistance to victims of crime under certain circumstances; to provide for declaration of purpose; to define certain terms; to provide for the Georgia Crime Victims Compen sation Board and for the appointment and compensation of its members.

SB 434. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the requirements for imposition of periods of probation; to provide for a maximum duration of any period of probation; to provide an effective date.

SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.

SB 15. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to pro vide an effective date.

SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Anno tated, relating to retirement benefit options under the Peace Officers' Annu ity and Benefit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide that the benefits for a surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse.

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a retiree is divorced from the retiree's spouse or when a retiree's spouse dies, certain options may then be revoked.

SB 178. By Senator Barnes of the 33rd:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children.

MONDAY, FEBRUARY 1, 1988

499

SB 221. By Senator Timmons of the llth:
A bill to amend Code Section 47-4-80 of the Official Code of Georgia Anno tated, relating to creditable service under the Public School Employees Retirement System, so as to authorize creditable service for certain prior service; to provide for matters relative thereto; to provide an effective date.

SB 367. By Senators Peevy of the 48th, Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Anno tated, relating to requirements for valid consent to certain surgical or medi cal treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treat ment; to provide for disclosure of procedures and courses of treatment.

SB 395. By Senator Hine of the 52nd:
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; to authorize distribution of certain trust property; to provide for certain required findings; to provide for court orders for such distribution.

SB 396. By Senator Hine of the 52nd:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Anno tated, relating to grounds for exercising personal jurisdiction over certain nonresidents, so as to provide for the exercise of such jurisdiction over cer tain nonresidents when a claim is asserted against the estate of a deceased citizen of this state and the administrator or executor of such estate seeks to adjudicate the claim asserted against such estate.

SB 420. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regu lation of professional sanitarians and the licensing and regulation of sanitar ians; to define certain terms; to exempt certain persons in other professions from the certification, licensing, and regulatory provisions applicable to pro fessional sanitarians and sanitarians.

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

HB 995. By Representatives Barnett of the 59th, Pittman of the 60th, Wall of the 61st, Bannister of the 62nd, Goodwin of the 63rd and others:
A bill to provide for a Gwinnett County Board of Registrations and Elec tions.

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

500

JOURNAL OF THE HOUSE,

HB 778. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th and others:
A bill to amend Code Section 48-5-52 of the Official Code of Georgia Anno tated, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifications, so as to change the income qualifications for such homestead exemption; to provide for a referendum and for effectiveness conditioned upon referendum approval.

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

HB 1409. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

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

HB 1410. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that each resident of the Clayton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.

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

SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
Referred to the Committee on Retirement.

SB 15. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to pro vide an effective date.
Referred to the Committee on Retirement.

MONDAY, FEBRUARY 1, 1988

501

SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Anno tated, relating to retirement benefit options under the Peace Officers' Annu ity and Benefit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide that the benefits for a surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse.
Referred to the Committee on Retirement.

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a retiree is divorced from the retiree's spouse or when a retiree's spouse dies, certain options may then be revoked.
Referred to the Committee on Retirement.

SB 178. By Senator Barnes of the 33rd:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children.
Referred to the Committee on Retirement.

SB 221. By Senator Timmons of the llth:
A bill to amend Code Section 47-4-80 of the Official Code of Georgia Anno tated, relating to creditable service under the Public School Employees Retirement System, so as to authorize creditable service for certain prior service; to provide for matters relative thereto; to provide an effective date.
Referred to the Committee on Retirement.

SB 367. By Senators Peevy of the 48th, Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Anno tated, relating to requirements for valid consent to certain surgical or medi cal treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treat ment; to provide for disclosure of procedures and courses of treatment.
Referred to the Committee on Health & Ecology.

SB 395. By Senator Hine of the 52nd:
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; to authorize distribution of certain trust property; to provide for certain required findings; to provide for court orders for such distribution.
Referred to the Committee on Judiciary.

502

JOURNAL OF THE HOUSE,

SB 396. By Senator Hine of the 52nd:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Anno tated, relating to grounds for exercising personal jurisdiction over certain nonresidents, so as to provide for the exercise of such jurisdiction over cer tain nonresidents when a claim is asserted against the estate of a deceased citizen of this state and the administrator or executor of such estate seeks to adjudicate the claim asserted against such estate.
Referred to the Committee on Judiciary.

SB 420. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regu lation of professional sanitarians and the licensing and regulation of sanitar ians; to define certain terms; to exempt certain persons in other professions from the certification, licensing, and regulatory provisions applicable to pro fessional sanitarians and sanitarians.
Referred to the Committee on Health & Ecology.

SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to define certain terms; to provide for the effect of personal service contracts between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents.
Referred to the Committee on Industry.

SB 430. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Anno tated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council.
Referred to the Committee on Judiciary.

SB 431. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a program of assistance to victims of crime under certain circumstances; to provide for declaration of purpose; to define certain terms; to provide for the Georgia Crime Victims Compen sation Board and for the appointment and compensation of its members.
Referred to the Committee on Judiciary.

SB 434. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to revise the requirements for imposition of periods of probation; to provide for a maximum duration of any period of probation; to provide an effective date.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 1, 1988

503

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

HB 1449.

By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease con tract.

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

HB 1221.

By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definition of the offense of pandering; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.

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 definition of the offense of pandering; to provide that a person convicted of the offense of pandering when such offense involves the solicita tion of a person under the age of 17 years shall be guilty of a felony; to change the defini tion of the offense of solicitation of sodomy; to provide that a person convicted of the offense of solicitation of sodomy when such offense involves the solicitation of a person under the age of 17 years shall be guilty of a felony; to provide penalties; to repeal con flicting 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 in its entirety Code Section 16-6-12, relating to the crime of pandering, and inserting in lieu thereof a new Code Section 16-6-12 to read as follows:
"16-6-12. A person commits the offense of pandering when he or she solicits a female person to perform an act of prostitution or when he or she knowingly assembles females persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution."
Section 2. Said chapter is further amended by striking in its entirety Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, and inserting in lieu thereof a new Code Section 16-6-13 to read as follows:
"16-6-13. (a) Except as otherwise provided in subsection (b) of this Code section, a A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.

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(b) A person convicted of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned."
Section 3. Said chapter is further amended by striking in its entirety Code Section 16-6-15, relating to solicitation of sodomy, and inserting in lieu thereof a new Code Section 16-6-15 to read as follows:
"16-6-15. (a) A person commits the offense of solicitation of sodomy when he solic its another to perform or submit to an act of sodomy for money. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy tat4-, upon conviction thereof, shall be punished as for a misdemeanor.
(b) A person convicted of solicitation of sodomy when such offense involves the solic itation of a person under the age of 17 years to perform or submit to an act of sodomy shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Davis of the 45th moves to amend the House Committee on Special Judiciary substitute to HB 1221 by striking from line 27 on page 2 the words "for money".

The following amendment was read:

Representative Lane of the 27th moves to amend HB 1221 on page 2, line 20, after the word "imprisoned", by inserting a new paragraph to read:
"Adjudication of guilt or imposition of sentence for a conviction of a second or subse quent offense of pandering involving a person under the age of 17 years pursuant to the subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred or withdrawn."

On the adoption of the amendment, 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
Bargeron Y Barnett,B Y Barnett.M YBeck
Y Benefield YBenn
Birdsong N Bishop N Bostick Y Branch N Brooks

Y Brown YBuck Y Buford Y Byrd
Carrell Y Carter N Chambless
Chance Cheeks Y Childers N Clark.B Y Clark.H Y Clark.L Y Colbert Coleman Colwell Y Connell Y Couch Y Cox Y Crawford N Crosby N Cummings.B

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

Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes N Hooks Y Hudson Y Isakson N 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

N Lawson YLee Y binder N Long YLord N Lucas Y Lupton Y Mangum N Martin Y McCoy N McDonald Y McKelvey N McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie

MONDAY, FEBRUARY 1, 1988

505

Y Mueller Y Oliver.C N Oliver.M N Orrock Y Padgett N 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 N Randall Y Ransom YRay N Reaves N Redding Y Richardson
Ricketson Y Robinson

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

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

Y Walker.L Y Wall
Ware Y Watson
Watts White Wilder Y Williams.B Y Williams.J Y Wilson
N Wood
N Workman
Y Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 120, nays 31. The amendment was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
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
YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Y Cornell
Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings,M
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 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 Y Lord
Y Lucas Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver.C N Oliver.M N 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 Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson 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
Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Y Townsend
Y Triplett
Y Twiggs Y Waddle Y Waldrep Y Walker.C
Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Wilson Y Wood
Workman Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

506

JOURNAL OF THE HOUSE,

By unanimous consent, HB 1221, by substitute, as amended, was ordered immediately transmitted to the Senate.

HB 1209. By Representatives Reaves of the 147th, Moore of the 139th, Balkcom of the 140th, Godbee of the 110th and Oliver of the 121st:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Veterinary Practice Act," so as to change the definition of a certain term; to change the provisions relating to applications for licenses.

The following amendment was read:

The Committee on Agriculture and Consumer Affairs moves to amend HB 1209 by inserting on line 3 of page 1 after the words "so as to" the following:
"provide for the continuation of the State Board of Veterinary Medicine; to provide for the later termination of such board and the repeal of the laws relating thereto; to".
By inserting following the word "entirety" on line 23 of page 1 the following:
"Code Section 43-50-4, relating to termination of the State Board of Veterinary Medi cine, and inserting in lieu thereof a new Code Section 43-50-4 to read as follows:
'43-50-4. For the purposes of Chapter 2 of this title, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Board of Veterinary Medicine shall be terminated on July 1, -W88 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.'
Section 2. Said chapter is further amended by striking".
By redesignating Sections 2 through 9 as Sections 3 through 10, respectively.
By adding, following the sentence ending on line 5 of page 3 the following:
"Veterinarians who have been licensed in this state for 40 years or more on July 1, 1988, shall not be required to participate in continuing education as a condition of license renewal."

The following amendment was read and adopted:

Representative Reaves of the 147th moves to amend the House Committee on Agricul ture and Consumer Affairs amendment to HB 1209 by inserting between lines 27 and 28 of page 1 the following:
"By striking on line 30 of page 2 the following:
'article, no',
and inserting in lieu thereof the following:
'article, beginning with the licenses which are to be renewed in 1990, no'".
By striking from line 2 of page 2 the following: "July 1,"

and inserting in lieu thereof the following: "December 31,".

MONDAY, FEBRUARY 1, 1988

507

The Committee amendment, as amended, was adopted.

The following amendment was read and adopted:

Representative Reaves of the 147th moves to amend HB 1209 by striking from lines 3 and 4 of page 1 the following:
"to change the definition of a certain term;".
By striking line 21 of page 1 through line 11 of page 2 and inserting in lieu thereof the following:
"Section 1. Chapter 50 of Title 43 of the Official Code of Georgia Annotated, known as the 'Georgia Veterinary Practice Act," is amended by".
By redesignating Sections 3 through 9 as Sections 2 through 8, respectively.

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 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1201. By Representatives Ramsey of the 3rd, Steinberg of the 46th, Buck of the 95th and Lee of the 72nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to require annual training of peace officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1202.

By Representative Ramsey of the 3rd:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that the additional penalty imposed in certain criminal and traffic cases and upon violation of bond shall be appli cable to the 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 ayes were 110, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1348. By Representatives Childers of the 15th, Richardson of the 52nd and McKinney of the 35th:
A bill to amend Chapter 16 of Title 31 of the Official Code of Georgia Anno tated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

508

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1348 by adding after the semicolon on line 5 of page 1 the following:
"to provide for statutory construction;"
By striking the quotation marks at the end of line 21 of page 1 and inserting between lines 21 and 22 of page 1 the following:
"(c) Nothing in this code section shall be construed to limit the liability of a provider of kidney dialysis services who employs a single-use dialyzer more than ten times after advising the patient and obtaining consent to such use nor to limit the liability of a pro vider of such services who employs a single-use dialyzer ten or fewer times."

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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1268.

By Representatives Ware of the 77th, Workman of the 51st, Dunn of the 73rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide that no notice refusing the renewal of certain coverages in an automobile or motorcycle policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the renewal of certain coverages in an automobile or motorcycle policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons; to provide that no notice refusing the renewal of certain coverages in a residential real property policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons; to provide exceptions; to provide that no claim or action may be maintained on an alleged unlawful nonrenewal unless a certain notice is filed; to provide for the contents of certain notices; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by inserting immediately following paragraph (2) of subsection (e) of Code Section 33-24-45, relating to cancellation or nonrenewal of automo bile or motorcycle policies, three new paragraphs, to be designated paragraphs (3), (4), and (5), to read as follows:
"(3) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonrenewal for the following reasons:
(A) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business;

MONDAY, FEBRUARY 1, 1988

509

(B) A change in the insurer's eligibility rules or underwriting rules, provided that this subparagraph shall not apply to a change in such rules if the change applies uni formly within a specific class or territory and such change has been approved by the Commissioner under subparagraph (B) of paragraph (4) of this subsection;
(C) With respect to any automobile or its replacement, except when the replace ment is such that together with other relevant underwriting or eligibility rules it would not have been insured as an original policy risk of the insurer, for three or fewer of the following within the preceding 36 month period:
(i) Accidents involving two or more motor vehicles in which the driver of the insured automobile under this subparagraph was not at fault;
(ii) Uninsured or underinsured motorist coverage claims; (iii) Comprehensive coverage claims; and (iv) Towing or road service coverage claims; (D) Age, sex, location of residence address within the state, race, creed, national origin, ancestry, or marital status; (E) Lawful occupation, provided that the insured automobile is not used in such occupation and provided, further, that such automobile would have been insured as an original policy risk of the insurer when such occupation is considered together with other relevant underwriting or eligibility rules of the insurer; (F) Military service, provided that the named insured has no change of legal resi dence from this state; (G) Number of years of driving experience of a named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy; (H) Accidents or violations which occurred more than 36 months prior to the expiration date or anniversary date of the policy; (I) One claim against the policy based on fault if such coverage has been in effect continuously for at least 36 preceding months; (J) Notwithstanding subparagraph (H) of this paragraph, two claims against the policy based on fault if such coverage has been in effect continuously for at least 72 preceding months; and (K) Factors not relating to the claims record, driving record, or driving ability of the named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy. (4) (A) Notwithstanding paragraph (3) of this subsection, any reason set forth in subsection (c) of this Code section, relating to cancellation, shall also constitute a reason for nonrenewal. (B) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisions of this title or would be hazardous to its policyholders or the public, subparagraph (B) or (K) of paragraph (3) shall not apply.
(5) (A) If the insurer complies with paragraph (1) of this subsection, no claim or action may be maintained with respect to a policy which is not renewed unless the named insured files a written notice with the insurer before the time at which nonrenewal becomes effective. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of this subsection, no violation of this subsection may be alleged other than the specific allegations contained in the notice filed by the named insured.
(B) In addition to other requirements, a notice of nonrenewal shall contain sub stantially the provisions of subparagraph (A) of this paragraph."
Section 2. Said chapter is further amended by adding at the end of Code Section 33-24-46, relating to cancellation or nonrenewal of certain property insurance policies, three new subsections, to be designated subsections (j), (k), and (1), to read as follows:
"(j) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonrenewal for the following reasons:

510

JOURNAL OF THE HOUSE,

(1) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business;
(2) A change in the insurer's eligibility rules or underwriting rules, provided that this paragraph shall not apply to a change in such rules if the change applies uni formly within a specific class or territory and such change has been approved by the Commissioner under subsection (k) of this Code section; and
(3) Three or fewer claims against the policy within the preceding 36 month period if such claims are not attributable to the negligent or intentional acts of the insured or of persons residing at the insured premises, (k) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisions of this title or would be hazardous to its policyholders or the public, paragraph (2) of subsection (j) shall not apply. (1) (1) If the insurer complies with subsection (d) of this Code section, no claim or action may be maintained with respect to a policy which is not renewed unless the named insurer files a written notice with the insurer before the time at which nonrenewal becomes effective. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of subsection (c), (j), or (k) of this Code section, no violation may be alleged other than the specific allegations contained in the notice filed by the named insured.
(2) In addition to other requirements, a notice of nonrenewal shall contain sub stantially the provisions of paragraph (1) 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.
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 Y Bishop Y Bostick
Y Branch Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman
Y Colwell Y Connell
Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M 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 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
Linder
YLong YLord Y Lucas
Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller
Oliver.C
Oliver ,M 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
Ramsey,V
Y Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson 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
Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Tolbert
Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Wilson
Y Wood Y Workman Y Yeargin
Murphy ,Spkr

MONDAY, FEBRUARY 1, 1988

511

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Ramsey of the 155th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

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.

The following amendment was read and adopted:
Representative Pinkston of the 100th moves to amend HB 1151 by striking sub section "e" of Section 1, which begins on line 18, page 3, in its entirety, and renumbering the remaining subsections.

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

Y Aaron Y Adams.G
Adams,M Y Aiken 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
Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Couch YCox Y Crawford
Crosby Y Cummings.B Y Cummings,M 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 Greer
Y Gresham
Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty 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 JohnsonJR 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 McCoy
McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford Y Mobley
Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard
Y Rainey Y Ramsey,T Y Ramsey.V
Y Randall Y Ransom
Ray Reaves Redding Richardson Y Ricketson 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 Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet!
Y Twiggs Waddle
Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watte
White Y Wilder Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman
Y Yeargin Murphy,Spkr

512

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to pro vide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Y Brooks Y Brown
YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Couch YCox Crawford
Crosby Y Cummings,B Y Cummings.M 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 Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
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 YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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
Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1216. By Representatives Benn of the 38th, Clark of the 13th, Greer of the 39th, Thomas of the 31st, Sinkfield of the 37th and others:
A bill to amend Code Section 49-5-60 of the Official Code of Georgia Anno tated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.

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

MONDAY, FEBRUARY 1, 1988

513

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 Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefleld YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Couch
YCox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer
Godbee Y Goodwin
Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty 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
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M 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 Y Reaves Y Redding Y Richardson Y Ricketson 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
Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Tolbert Townsend Triplett
Y Twiggs
Y Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1330.

By Representatives Thomas of the 69th and Groover of the 99th:
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 repeal certain provisions which provide that if two indictments are quashed future prosecutions are barred.

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
Balkcom Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield

Y Benn Y Birdsong Y Bishop
Bostick
Y Branch Y Brooks Y Brown
Buck Y Buford
YByrd
Y Carrell Y Carter Y Chamblei
Chance Y Cheeks Y Childers

Y Clark.B Y Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Couch YCox
Crawford
Y Crosby Y Cummings.B
Y Cummings.M 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 Greer Gresham
Y Griffin Y Groover

Y Hamilton Y Hanner Y Harris
Y Hasty 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

514

JOURNAL OF THE HOUSE,

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 McCoy
Y McDonald Y McKelvey

McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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
Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson 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
YSnow Y Stancil Y Stanley
Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert

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
Y Wilson Y Wood Y Workman Y Yeargin
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 Cummings of the 134th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 1427.

By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of supe rior court for Carroll County of the Coweta 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 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
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Chance

Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell
Couch
YCox
Y Crawford
Y Crosby Y Cummings.B
Y Cummings.M Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Godbee Y Goodwin Y Green Y Greene

Y Greer
Gresham Y Griffin Y Groover
Y Hamilton
Y Manner Y Harris Y Hasty 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 Y Lawler
Lawrence Y Lawson
YLee

Y Linder
YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald McKelvey McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham
Y Parrish
Y Patten Y Peters

Pettit Y Phillips Y Pinkston
Pittman
Y Porter
Y 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
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 Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C

MONDAY, FEBRUARY 1, 1988

Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplett

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

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

515
Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1303. By Representative Robinson of the 96th:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Chapter 62 of Title 36, known as the "Development Authorities Law," so as to change the definition of the term "project"; to qualify a charitable corporation, association, or similar entity to finance the acquisition, construction, leasing, or financing of office buildings.

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 YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert

Coleman
Y Colwell Connell Couch
YCox Y Crawford Y Crosby Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Y Felton Y Floyd
Y Foster YGaler
Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty Y Heard Y Hensley
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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M 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
Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson
Ricketson 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 Smyre
YSnow Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware
Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

516

JOURNAL OF THE HOUSE,

HB 1349.

By Representatives Childers of the 15th, Pannell of the 122nd, Hooks of the 116th, Richardson of the 52nd, Parham of the 105th and others:
A bill to exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, "The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies," so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto.

The 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 Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell
Connell Couch Y Cox Y Crawford
Y Crosby Y Cummings,B Y Cummings,M
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 Y Heard Y Hensley
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 Linder YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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 YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal
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
Stancil
Y Stanley Y Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1377.

By Representative Childers of the 15th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Anno tated, relating to occupational therapists, so as to change which persons must be licensed under that chapter; to continue the State Board of Occupational Therapy but provide for the later termination of that board and the repeal of the laws relating thereto.

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

MONDAY, FEBRUARY 1, 1988

517

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 Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M YBeck
Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Couch YCox Y Crawford Crosby Y Cummings,B Y Cummings.M Davis.G Y Davis.M Y Dixon Y 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 Y Manner Y Harris Y Hasty Y Heard Y Hensley
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
Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Mueller Oliver.C
Y Oliver.M
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
Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson
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 Smyre
YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert 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 WilliamsJ Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1298.

By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Anno tated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a popu lation of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

The following substitute, offered by Representative Crosby of the 150th, was read and adopted:

A BILL
To amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from certain provi sions of this Code section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census; 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. Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, is amended by adding at the end thereof a new subsection (d) to read as follows:

518

JOURNAL OF THE HOUSE,

"(d) In any county of this state having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census, the clerk of superior court may close such office for a designated lunch period if all other county offices in the county courthouse simultaneously close for a lunch period. The period of closing of the clerk's office shall coincide with the period for closing the other county offices."
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:

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

Coleman Y Colwell
Connell Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
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
Groover Y Hamilton Y Hanner
Y Harris Y Hasty 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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Moody Y Moore YMorton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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 Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketeon Y Robinson 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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker,L Y Wall
Ware Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Wilson
YWood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 162, 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 substitute thereto:

HB 1409. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

MONDAY, FEBRUARY 1, 1988

519

The following Senate substitute was read:

A BILL

To provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated registration periods as
provided in Code Section 40-2-20.1 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Effective January 1, 1989, vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

Section 2. The election superintendent of Clayton County shall on the date of the Georgia presidential preference primary in 1988 conduct an election for the purpose of submitting this Act to the electors of Clayton County for approval or rejection. At least 30 days shall intervene between the date the election is called and the date the election is held. The superintendent shall cause the date and purpose of the election to be pub lished once a week for two weeks in the official organ of Clayton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall Section 1 of the Act providing that effective January 1, 1989, vehi cles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton County on a staggered basis during desig nated registration periods between January 1 and April 30 each year as provided in Code Section 40-2-20.1 of the O.C.G.A. be approved?"

All persons desiring to vote for approval shall vote "Yes," and those persons desiring to vote for rejection shall vote "No." If more than one-half of the votes cast are for approval, then Section 1 of this Act shall become of full force and effect; otherwise Section 1 of this Act shall be void.
The expense of such election shall be borne by Clayton County. The election super intendent of Clayton County shall hold and conduct the election and shall certify the results thereof to the Secretary of State and the Department of Revenue.

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

Representative Bailey of the 72nd moved that the House agree to the Senate substi tute to HB 1409.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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

520

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House and Senate were read and adopted:
HR 709. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th: A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.
HR 710. By Representative Hooks of the 116th: A resolution expressing sympathy at the passing of Honorable Sherrard Home.
HR 711. By Representative Hooks of the 116th: A resolution expressing sympathy regarding the passing of James R. Blair.
HR 712. By Representatives Twiggs of the 4th, Hanner of the 131st, Ramsey of the 3rd, Walker of the 115th and McDonald of the 12th: A resolution recognizing "National Burn Awareness Week".
HR 713. By Representatives Wilder of the 21st, Isakson of the 21st, Gresham of the 21st, Atkins of the 21st, Clark of the 20th and Aiken of the 21st: A resolution commending Coach Guerry Baldwin and the East Cobb Astros.
HR 714. By Representative Carter of the 146th: A resolution commending the Nashville Middle School.
HR 715. By Representatives Mueller of the 126th, Johnson of the 123rd, Alien of the 127th, Hamilton of the 124th and Kingston of the 125th: A resolution commending Eva Ann Sledge.
HR 716. By Representatives Mueller of the 126th, Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th and Kingston of the 125th: A resolution commending Mr. John Thomas Rowden, Sr.
HR 717. By Representative Shepard of the 71st: A resolution commending Mr. Robert R. Grubbs.
SR 320. By Senators Starr of the 44th and Crumbley of the 17th: A resolution commending the Morrow High School varsity football team and Coach Bud Theodocion.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

MONDAY, FEBRUARY 1, 1988

521

HR 624. By Representative Long of the 142nd:
A resolution commending Ms. Renee Tootle and inviting her to appear before the House of Representatives.

HR 625. By Representatives Jackson of the 83rd and Harris of the 84th:
A resolution commending Mr. Gregory Steven Brooks; inviting Mr. Brooks to appear before the House of Representatives.

HR 656. By Representative Lee of the 72nd:
A resolution inviting the Coca-Cola World Chorus to the gallery of the House of Representatives for the purpose of being recognized by the House of Representatives.

HR 662. By Representatives Brown of the 88th, Ransom of the 90th, Padgett of the 86th, Connell of the 87th, Cheeks of the 89th and Walker of the 115th:
A resolution commending Midshipman Second Class Gregory Bruce Owens and inviting him to appear before the House of Representatives.

HR 666. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution commending the Morrow High School varsity football team and inviting Coach Bud Theodocion to appear before the House of Representa tives.

HR 695. By Representatives Thomas of the 69th and Simpson of the 70th:
A resolution commending the 1987 Central of Carrollton Lions football team and inviting the team to be recognized by the House of Representatives.

HR 700. By Representatives Lee of the 72nd, and Murphy of the 18th:
A resolution welcoming Honorable Albert Gore, Jr., and inviting him to address the House of Representatives.

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

HR 718. By Representatives Lawler of the 20th, Athon of the 57th, Mangum of the 57th and Herbert of the 76th:
A resolution urging the Education Finance Subcommittee of the House Edu cation Committee to study the salary levels of experienced public school teachers.

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

HR 719. By Representatives Buford of the 103rd, Groover of the 99th and Randall of the 101st:
A resolution commending the Honorable Lee Robinson, Mr. Buckner Melton, Ms. Carolyn Crayton, Mr. Donnie Wayne Churchwell, and Mr. Jim Marshall and inviting them to appear before the House of Representatives.

522

JOURNAL OF THE HOUSE,

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

HB 1071.

By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the defini tion of an employee under the Employees' Retirement System of Georgia.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relative to the defini tion of a teacher under the Teachers Retirement System of Georgia; to provide that cer tain new employees of the State Board of Education and State Department of Education shall continue to be members of the teachers retirement system unless they elect member ship in the employees' retirement system; to provide that certain present employees of the State Board of Education or State Department of Education who are members of the employees' retirement system may elect to become members of the teachers retirement system; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by adding in Code Section 47-2-1, relating to definitions under the Employees' Retirement System of Georgia, immediately following paragraph (16.4), a new paragraph (16.5) to read as follows:
"(16.5) 'Employee' shall not include personnel employed by the State Board of Edu cation or by the State Department of Education who are authorized to elect and elect to become or remain members of the Teachers Retirement System of Georgia pursuant to applicable provisions of Chapter 3 of this title."
Section 2. Said title is further amended by adding in paragraph (28) of Code Section 47-3-1, relating to definitions under the Teachers Retirement System of Georgia, immedi ately following subparagraph (F.3) a new subparagraph (F.4) to read as follows:
"(F.4) Personnel employed by the State Board of Education or by the State Depart ment of Education who are authorized to elect and elect to become or remain members of the retirement system pursuant to the applicable provisions of Code Section 47-3-60;"
Section 3. Said title is further amended by adding immediately following subsection (h) of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, a new subsection (h.l) to read as follows:
"(h.l) Personnel employed for the first time by the State Board of Education or by the State Department of Education on or after July 1, 1988, who, at the time of becom ing so employed, are members of this retirement system shall continue as members of this retirement system unless such personnel elect membership in the Employees' Retirement System of Georgia at the time of their employment. Such election shall be made in writing to the board of trustees of this retirement system and to the board of trustees 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 Education or the State Department of Education. The State Board of Education shall provide by regulation for informing prospective employees who are subject to the provisions of this subsection of the option provided for by this subsection so that such personnel may choose to continue membership in this retirement system

MONDAY, FEBRUARY 1, 1988

523

or become members of the Employees' Retirement System of Georgia at the time of their employment."
Section 4. Said title is further amended by striking subsection (i) of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (i) to read as follows:
"(i) (1) This subsection shall apply to certified professional personnel in the unclas sified service of the State Merit System of Personnel Administration who are employed by the State Board of Education or the State Department of Education on July 1, 1986, and who are members of the Employees' Retirement System of Georgia and have at least five years of membership service in said retirement system as of July 1, 1986.
(2) This subsection shall also apply to any personnel employed by the State Board of Education or by the State Department of Education at any time before July 1^ 1988, who are members of the Employees' Retirement System of Georgia and who, at the time of becoming employed by said state board or department, had ten or more years of membership service in this retirement system.
M 13) At any time from July 1, W86 1988, until not later than July 1,198? 1989, certified professional personnel described in paragraph paragraphs (1) and (2) of this subsection are authorized to transfer service credits and membership, including employer and employee contributions, from the Employees' Retirement System of Georgia to this retirement system. Any such personnel electing to transfer such service credits and membership to this retirement system shall be required to make additional contributions to this retirement system so that the annuity account balance of the transferring person shall be the same as though the transferring person had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees of this retirement system shall adjust the transferring person's credits in proportion to the contributions transferred from the Employees' Retirement System of Georgia to this retirement system. Any such personnel shall exercise the authority provided by this paragraph by written notification to the board of trustees of each of the retirement systems.
43) (4} If any person who transfers to this retirement system pursuant to the authority of this subsection subsequently becomes employed in a position where membership in the Employees' Retirement System of Georgia is required, any credit able service obtained under this retirement system for teaching service in school sys tems of other states pursuant to Code Section 47-3-89 shall not be eligible for transfer as creditable service to the Employees' Retirement System of Georgia, notwithstand ing the provisions of Code Section 47-2-92 or any other provision of Chapter 2 of this title, relating to the Employees' Retirement System of Georgia."
Section 5. This Act shall become effective on July 1, 1988.
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 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1215. By Representative Richardson of the 52nd:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Anno tated, relating to barbers, so as to change certain provisions relating to requirements for practicing and teaching barbering; to change certain requirements for a license to operate a barbershop.

524

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 95, nays 9.
The Bill, having received the requisite constitutional majority, was passed.

HB 480. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th, Lord of the 107th, Thompson of the 20th and others:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, so as to authorize postretirement benefit adjustments.

The report 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 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 482. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th, Dover of the llth, Thompson of the 20th and others:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Anno tated, relating to retirement benefits under the Public School Employees Retirement System, so as to change the provisions relating to the amount of retirement benefit.

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

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

Y Clark.B
Clark.H Y Clark.L
Y Colbert
Coleman Y Colwell
Connell Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.G N Davis.M Y Dixon Y Dobbs
Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Greene Y Greer Y Gresham
Y Griffin Y Groover

Y Hamilton
Manner Y Harris
Y Hasty
Y Heard Y Hensley Y Herbert Y Hokomb
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 Langibrd Y Lawler N Lawrence Y Lawson Y Lee
Linder Y Long
Lord Lucas
Y Lupton Y Mangum

Y Martin
Y McCoy McDonald
Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Y Moody
Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C Oliver.M
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 Y Randall
Y Ransom
Y Ray Y Reaves
Redding Y Richardson Y Ricketson
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 Y Smyre Y Snow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert

MONDAY, FEBRUARY 1, 1988

525

N 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
Williams,J
Y Wilson

Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 139, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1335.

By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend HB 1335 by striking line 8 of page 3 and inserting in lieu thereof the following:
"sponsoring such sports or safety programs if such person was acting in good faith within the scope of his or her assigned duties and unless the".

Representatives Thomas of the 69th and Groover of the 99th move to amend HB 1335 by adding on line 10 of page 3 after the following:
"negligence",
the following:
"; provided, however, the defense of immunity is waived as to those actions for the recovery of damages against such persons for which liability insurance protection for such claims has been provided, but such waiver shall only apply to the extent of any liability insurance so provided."

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

Y Aaron Y Adams.G
Y Adams.M Aiken
Y Alford 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

Brooks Y Brown
Y Buck Y Buford Y Byrd Y Carrell
Carter
Y Chambless Chance
Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert
Coleman Colwell
Connell Couch Cox Y Crawford

Y Crosby Y Cummings.B
Y Cummings.M Y Davis.G Y Davis.M Y Dixon
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

Y Groover Y Hamilton
Y Banner Y Harris Y Hasty 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 Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford Y Mobley

526

JOURNAL OF THE HOUSE,

Y Moody
Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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 Y Ray Y Reaves
Redding

Y Richardson
Y Ricketson 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 Stanley Steinberg Y Stephens Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet!
Twiggs Y Waddle Y Waldrep

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

On the passage of the Bill, as amended, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1495.

By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drink ing age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.

The following amendment was read and adopted:

Representatives Chambless of the 133rd, Thomas of the 69th and Groover of the 99th move to amend HB 1495 by adding on line 11 of page 1 after the following:
"matters;",
the following:
"to provide for applicability;".
By adding on line 4 of page 2 after the word "age" and on line 7 of page 2 after the word "intoxication" the following:
", knowing that such person will soon be driving a motor vehicle,".
By adding between line 3 and line 4 of page 3 the following:
"Section 2. This Act shall apply only to causes of action which arise under Code Section 50-1-40 on or after the effective date of this Act."
By striking from line 4 of page 3 the number "2" and inserting in lieu thereof the number "3", and by striking from line 7 of page 3 the number "3" and inserting in lieu thereof the number "4".

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

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

MONDAY, FEBRUARY 1, 1988

527

Y Benefield
YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks
N Childers N Clark.B N Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell Couch YCox Y Crawford Crosby
Y Cummings.B
Cummings,M N 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
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 Y Kingston Y Lane.D Y Lane.R Y Langford N Lawler Y Lawrence Y Lawson YLee
Y Under Y Long YLord Y Lucas
Lupton
Y Mangum Y Martin
Y McCoy
Y McDonald McKelvey
Y McKinney Y Meadows Y Milam Y Milford Y Mobley
Moody Moore Y Morion N Mostiler N Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock

Y Padgett
Y Pannell
Par ham
Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinks ton
Y Pittman
Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey,T N Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding N Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard
Y Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith.P

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

On the passage of the Bill, as amended, the ayes were 143, nays 15.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1189. By Representative Barnett of the 10th:
A bill to amend Code Section 49-3-2 of the Official Code of Georgia Anno tated, relating to county boards of family and children services, so as to pro vide that nominees for appointment to a board shall certify their willingness to serve if appointed.

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 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

Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Y Clark,B Y Clark.H Y Clark,L Y Colbert Y Coleman Y Colwell
Conneil Couch YCox Y Crawford

Y Crosby Y Cummings.B
Y Cummings.M Y Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover
YDunn
Y Edwards Y Felton Y Floyd
Foster Y Galer
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin

Y Groover
Y Hamilton
Y Hanner
Y Harris
Y Hasty 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 Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Y Milford Y Mobley

528

JOURNAL OF THE HOUSE,

Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Y Mueller Oliver.C
Y Oliver.M Y Orrock Y Padgett
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
Ramsey.V
Y Randall Y Ransom
Ray Y Reaves
Redding

Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore
Y Smith.L Smith.P Smith.T
Y Smith,W Smyre

Y Snow Y Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond Y Tolbert
Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep

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

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to account ants.

The following amendment was read and adopted:

The Committee on Industry moves to amend HB 1352 by adding in Section 3 on line 14 of page 4, between the word "did" and the word "issue", the word "not".

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 Adama.M Y Aiken Y Alford
Y Alien Y Athon
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 Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell
Y Carter

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

Godbee Y Goodwin
Y Green Y Greene
Greer
Y Gresham Griffin Groover
Y Hamilton Manner
Y Harris Y Hasty 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
Y Lawler Y Lawrence Y Lawson
Y Lee Y Linder Y Long Y Lord Y Lucas
Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C

Y Oliver.M Orrock
Y Padgett 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
Y Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman

MONDAY, FEBRUARY 1, 1988

529

Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L
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 Tolbert 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 Y Wilson Y Wood
Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 148, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1163 by striking from line 18 of page 1 the following:
"shall",
and inserting in lieu thereof the following: "may".

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

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
Barnett,M YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Chance

Y Cheeks Y Childers
Clark,B
Y Clark.H Y Clark.L
Colbert Y Coleman
N Colwell Connell Couch
YCox Y Crawford Y Crosby Y Cummings.B
N Cummings,M Y Davis.G N Davis.M Y Dixon N Dobbs
Dover Y Dunn
Edwards Y Felton Y Floyd N Foster
Y Galer Godbee
Y Goodwin Y Green Y Greene

Greer Y Gresham N Griffin Y Groover
Y Hamilton Hanner
Y Harris Y Hasty N Heard
Hensley Y Herbert Y Holcomb Y Holmes
Hooks Hudson N Isakson Y Jackson,J N 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

N Linder
Y Long Y Lord Y Lucas
Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam N Milford Y Mobley Y Moody Y Moore N Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Pannell
Y Parham Y Parrish Y Patten Y Peters

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 NRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson 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

530

JOURNAL OF THE HOUSE,

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

Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend Y Triplett

N Twiggs Y Waddle Y Waldrep Y Walker.C N Walker.L Y Wall

Ware Y Watson Y Watts
White Y Wilder Y Williams.B

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

On the passage of the Bill, as amended, the ayes were 129, nays 17.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 581. By Representatives Oliver of the 121st and Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property lying within the boundaries of the Gordonia-Alatamaha State Park, City of Reidsville, Tattnall County, Georgia; and
WHEREAS, custody of the subject state owned real property is vested in the Depart ment of Natural Resources; and
WHEREAS, the said state owned real property is described as follows: ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the City of Reidsville, 41 G.M.D., Tattnall County, Georgia, containing 0.269 of one acre as same is shown as Parcel "B" on a certain March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, plat of survey entitled "Survey for Georgia Department of Natural Resources & Tattnall County Board of Education, Plat of 2 parcels of Land, City of Reidsville, 41 G.M.D. Tattnall County, Georgia, prepared by Davis and Associ ates, Engineers - Land Surveyors", more particularly Joe P. Davis, Georgia Registered Land Surveyor No. 1436, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows: TO FIND THE POINT OF BEGINNING, commence at a point formed by the inter section of the West right-of-way line of U.S. Route 280 and the centerline of the Park Road at said Park Road's easternmost intersection with U.S. Route 280; thence running N 54 degrees 29 minutes 12 seconds E along the West right-of-way line of U.S. Route 280 a distance of 64.98 feet (chord) to a point; thence running S 35 degrees 39 minutes 45 seconds E along an offset in said right-of-way a distance of 12.50 feet to a point; thence running N 51 degrees 55 minutes 48 seconds E along said West right-of-way of U.S. Route 280 a distance of 152.83 feet (chord) to a point marked by an aluminum monument; thence running N 36 degrees 55 minutes 29 seconds W a distance of 334.74 feet to a point marked by a concrete monument, said point being the POINT OF BEGINNING; thence running N 75 degrees 20 minutes 58 seconds W a distance of 297.10 feet to a point; thence running S 57 degrees 06 minutes 45 seconds E a distance of 252.00 feet to a point marked by an aluminum monument; thence running N 50

MONDAY, FEBRUARY 1, 1988

531

degrees 52 minutes 15 seconds E a distance of 97.75 feet to the POINT OF BEGIN NING; and
WHEREAS, the Tattnall County Board of Education represents that it is the owner of certain real property adjoining the aforedescribed state owned property; and
WHEREAS, said Tattnall County Board of Education owned property is more partic ularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the City of Reidsville, 41 G.M.D., Tattnall County, Georgia, containing 1.636 acres as same is shown as Parcel "A" on a certain March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, plat of survey entitled "Survey for Georgia Department of Natural Resources & Tattnall County Board of Education, Plat of 2 parcels of Land, City of Reidsville, 41 G.M.D. Tattnall County, Georgia, prepared by Davis and Associates, Engi neers Land Surveyors", more particularly Joe P. Davis, Georgia Registered Land Sur veyor No. 1436, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows:
TO FIND THE POINT OF BEGINNING, commence at a point formed by the inter section of the West right-of-way line of U.S. Route 280 and the centerline of the Park Road at said Park Road's easternmost intersection with U.S. Route 280; thence running N 54 degrees 29 minutes 12 seconds E along the West right-of-way line of U.S. Route 280 a distance of 64.98 feet (chord) to a point; thence running S 35 degrees 39 minutes 45 seconds E along an offset in said right-of-way a distance of 12.50 feet to a point; thence running N 51 degrees 55 minutes 48 seconds E along said West right-of-way of U.S. Route 280 a distance of 152.83 feet (chord) to a point marked by an aluminum monument; thence running N 36 degrees 55 minutes 29 seconds W a distance of 334.74 feet to a point marked by a concrete monument; thence running N 75 degrees 20 min utes 58 seconds W a distance of 297.10 feet to a point, said point being the POINT OF BEGINNING; thence running N 57 degrees 06 minutes 45 seconds W a distance of 251.92 feet to a point marked by an aluminum monument; thence running N 64 degrees 36 minutes 11 seconds W a distance of 161.72 feet to a point marked by a concrete monument; thence running N 12 degrees 30 minutes 23 seconds E a distance of 287.87 feet to a point marked by a concrete monument; thence running S 43 degrees 59 minutes 00 seconds W a distance of 455.00 feet to a point marked by a pine tree; thence running S 75 degrees 20 minutes 58 seconds E a distance of 631.82 feet to the POINT OF BEGINNING; and
WHEREAS, the common boundary between the state owned property comprising Gordonia-Alatamaha State Park and property of the Tattnall County Board of Education has never been well defined; and
WHEREAS, certain improvements of the State of Georgia are now found to be encroachments upon the Tattnall County Board of Education's property; and
WHEREAS, the Tattnall County Board of Education needs a parcel of the adjoining state owned property to be used in conjunction with its recreation area; and
WHEREAS, exchange of the aforedescribed tracts or parcels of land would cure an encroachment by the state and provide the board of education with much needed addi tional land for educational and recreational purposes; and
WHEREAS, such exchange is deemed to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed Tattnall County Board of Education owned real property, the State of Georgia is acting by and through its State Properties Commission.

532

JOURNAL OF THE HOUSE,

Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to the Tattnall County Board of Education the hereinabove described state owned real property and to accept in consideration therefor from the Tattnall County Board of Education a convey ance of the hereinabove described Tattnall County Board of Education owned real prop erty.
Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission.
Section 4. That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to effect such exchange.
Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 6. That for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey prepared by Davis & Associates, signed by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, shall constitute an acceptable plat for filing with the State Properties Commission.
Section 7. That for purposes of compliance with the provisions of paragraph (2) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that an acquisition of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property acquired, the plat of survey prepared by Davis & Associates, signed by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, shall constitute an acceptable plat for filing with the State Properties Commission.
Section 8. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
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
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 Brooks Y Brown
Y Buck Y Buford
Byrd Y Carrell Y Carter
Y Chambless Chance
Y Cheeks Y Childers
Clark,B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell Connell
Couch

Y Cox
Y Crawford Crosby
Y Cummings.B Cummings.M
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
Y Groover Hamilton Manner
Y Harris Y Hasty
Y Heard Y Hensley Y Herbert Y Holcomb
Holmes
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 Y Lee Y Linder Y Long
Lord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey

MONDAY, FEBRUARY 1, 1988

533

McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Moatiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M
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 Y Randall Y Ransom

YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson 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 Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle

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

On the adoption of the Resolution, by substitute, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1443.

By Representatives Rainey of the 135th, Mangum of the 57th, Cummings of the 17th, Peters of the 2nd, Moore of the 139th and others:
A bill to amend Code Section 40-6-160 of the Official Code of Georgia Anno tated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation.

The following amendment was read and adopted:
Representatives Moody of the 153rd and Moore of the 139th move to amend HB 1443 by adding after the word "activity" on line 2, page 2, the following:
"or an express bus transporting students from one school to another school".

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 Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Brooks Brown

YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Y Clark.L Colbert
Y Coleman
Y Colwell Connell Couch
YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
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 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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett

534

JOURNAL OF THE HOUSE,

Y Pannell
Y Parham 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
Redding Y Richardson Y Ricketson
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 Y Stancil Y Stanley Y Steinberg

Y Stephens
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L

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

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1425.

By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Anno tated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office.

The following amendment was read and adopted:

Representatives Groover of the 99th, Walker of the 115th and Martin of the 26th move to amend HB 1425 as follows:
Line 16 after the word "or" by adding "the mayor 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 Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Balkcom
Bannister Y Bargeron Y Barnett.B
Barnett.M Y Beck
Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown Y Buck Y Buford Y Byrd

Carrell Y Carter Y Chambless
Chance
Y Cheeks Y Childers
Clark,B Y Clark.H
Y Clark.L Y Colbert
Coleman Y Colwell
Connell Couch Y Cox
Y Crawford Y Crosby
Y Cummings.B Y Cummings.M 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 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 Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford

Y Mobley Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie Y Mueller
Oliver.C
Y Oliver.M 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

MONDAY, FEBRUARY 1, 1988

535

Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson 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

YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert

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

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

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Anno tated, relating to fees of the Secretary of State for filing documents and issu ing certificates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state wide county computerized information network and participation by clerks of superior courts therein.

An amendment offered by Representative Lawler of the 20th was read and withdrawn.

The following amendment was read and adopted:

Representatives Lawler of the 20th, Bostick of the 138th and Groover of the 99th move to amend HB 1444 by inserting after "$2.00" on line 13, the following:
"for the first page and 50c per page for each additional page".

An amendment offered by Representative Lucas of the 102nd was read and with drawn.

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
Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett,M YBeck Y Benefield
Benn
Y Birdsong Y Bishop

Y Bostick
Y Branch Y Brooks Y Brown Y Buck
Y Buford YByrd
Carrell Y Carter Y Chambles!
Chance
Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell

Connell
Couch Y Cox Y Crawford
Y Crosby Y Cummings,B
Cummings,M
Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover Y Dunn
Edwards
Y Felton Y Floyd
Foster Y Galer Y Godbee

Y Goodwin Green
Y Greene
Greer Y Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris Y Hasty 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 Linder Y Long YLord Y Lucas Y Lupton

536

JOURNAL OF THE HOUSE,

Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M 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 Y Royal Y Selman Y Shepard
Y Sherrod Y Simpson
Y Sinkfield Y Sizemore Y Smith.L

Smith.P Smith.T Y Smith, W
Smyre Y Snow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Tolbert Y 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,J Y Wilson Y Wood Y Workman Y Yeargin
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.

Representative Wilson of the 20th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Leave of absence was granted to Representative Bishop of the 94th for February 2nd and 3rd.

Representative Walker of the 115th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 9:30 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 2, 1988

537

Representative Hall, Atlanta, Georgia Tuesday, February 2, 1988

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.
The roll call and devotion were postponed until immediately after the period of unani mous consents.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1561. By Representatives Clark of the 20th, Williams of the 48th, Pannell of the 122nd, Aiken of the 21st, Isakson of the 21st and others: A bill to amend Code Section 16-8-19 of the Official Code of Georgia Anno tated, relating to conversion of leased personal property, so as to change cer tain penalty limits.
Referred to the Committee on Special Judiciary.
HB 1562. By Representatives Clark of the 20th, Williams of the 48th, Pannell of the 122nd, Aiken of the 21st, Isakson of the 21st and others: A bill to amend Code Section 16-4-7 of the Official Code of Georgia Anno tated, relating to criminal solicitation, so as to change the penalties.
Referred to the Committee on Special Judiciary.

538

JOURNAL OF THE HOUSE,

HB 1563. By Representatives Coleman of the 118th, Alford of the 57th, Crawford of the 5th, Heard of the 43rd, Carter of the 146th and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and duties of the director of the Environmental Protection Division as to hazardous waste generally.
Referred to the Committee on Natural Resources & Environment.
HB 1564. By Representative Barnett of the 10th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
Referred to the Committee on Natural Resources & Environment.
HB 1565. 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 change the provi sions relating to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution companies shall be regulated in the same manner as companies which sell business opportunities.
Referred to the Committee on Industry.
HB 1567. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Anno tated, relating to public works contracts, so as to provide that in any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected.
Referred to the Committee on State Planning & Community Affairs.
HB 1568. By Representatives Thomas of the 31st, Thurmond of the 67th, Pannell of the 122nd, Martin of the 26th, Steinberg of the 46th and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Anno tated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
Referred to the Committee on Special Judiciary.
HB 1569. 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.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 2, 1988

539

HB 1570. By Representative Crawford of the 5th:
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 restricted driving permits; to provide conditions under which such permits may be issued; to provide for revocation of such permits.
Referred to the Committee on Motor Vehicles.

HB 1571. By Representatives Robinson of the 96th, Lupton of the 25th, Porter of the 119th, Chambless of the 133rd and Buck of the 95th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, the "Georgia Business Corporation Code," so as to provide that resi dent domestic corporations shall not engage in certain business combinations with certain interested shareholders.
Referred to the Committee on Judiciary.

HB 1572. By Representative Cheeks of the 89th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control and regulation of outdoor advertising on the state highway system, so as to provide that the owner of a permitted sign or the owner of the real property on which a permitted sign is located may raise the height of such sign under certain circumstances.
Referred to the Committee on Transportation.

HB 1573. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that the tax commissioner of Rabun County shall not retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Rabun County to reimburse the county for the cost of collecting school taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1574. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act placing the Coroner of Rabun County on a monthly salary, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1576. By Representative Workman of the 51st:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Anno tated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to exempt pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal.
Referred to the Committee on Industry.

HB 1577. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd and Chambless of the 133rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to change the provisions relating to influencing witnesses.
Referred to the Committee on Judiciary.

540

JOURNAL OF THE HOUSE,

HB 1578. By Representatives Waldrep of the 80th and Buford of the 103rd:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Anno tated, relating to application of the rules of the road, so as to provide that provisions relative to operation of motor vehicles on highways shall be appli cable to motor vehicles operated on certain private streets and roads.
Referred to the Committee on Motor Vehicles.

HB 1579. By Representatives Mueller of the 126th, Porter of the 119th, Ramsey of the 155th, Smith of the 156th, Jamieson of the llth and others.
A bill to amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain sub merged cultural resources are of no economic or cultural value and may be exempt from provisions of this part; to provide that the Board of Natural Resources is empowered to promulgate such other rules.
Referred to the Committee on Natural Resources & Environment.

HB 1581. By Representatives Johnson of the 123rd, Mueller of the 126th, Sinkfield of the 37th, Jackson of the 9th and Holcomb of the 72nd:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board of Corrections and the Department of Correc tions, so as to provide that the board and the department shall not be authorized to locate certain persons accused of or convicted of certain crimes in any diversion center operated by the department.
Referred to the Committee on State Institutions & Property.

HB 1582. By Representatives Johnson of the 123rd, Mueller of the 126th, Clark of the 55th, Adams of the 36th and Walker of the 115th:
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 to persons and property generally, so as to provide that it shall be unlawful to operate, maintain, or allow the occupancy of certain senior citizens' residences on or after a certain date unless such residences and every room thereof are equipped with oper ational fire sprinkler systems meeting certain standards.
Referred to the Committee on Public Safety.

HB 1583. By Representatives Johnson of the 123rd, Mueller of the 126th, Adams of the 36th, Lord of the 107th and Greene of the 130th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of motor vehicles, so as to pro vide for and require an annual safety and equipment inspection for certain vehicles.
Referred to the Committee on Motor Vehicles.

HB 1584. By Representatives Oliver of the 53rd, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th, Tolbert of the 58th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the compensation of the judges of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 2, 1988

541

HB 1585. By Representatives Oliver of the 53rd, Workman of the 51st, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th and others:
A bill to create an Act creating the State Court of DeKalb County, so as to provide for the appointment of deputy clerks; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1586. By Representatives McDonald of the 12th, Triplett of the 128th and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to authorize the board of governors of the authority to defer, in whole or in part, any portion of an employee's compensation under a deferred compensation plan.
Referred to the Committee on Appropriations.

HB 1590. By Representative Birdsong of the 104th:
A bill to amend Chapter 15 of Title 33 of the Official Code of Georgia Anno tated, relating to fraternal benefit societies, so as to require any provision relating to the control of the exercise of rights under life benefit certificates to be set out under a separate caption and printed in boldface type.
Referred to the Committee on Insurance.

HR 708. By Representatives Pettit of the 19th, Ramsey of the 3rd, Langford of the 7th, McKelvey of the 15th, Childers of the 15th and others:
A resolution designating certain public roads and highways as the Chieftains Trail.
Referred to the Committee on Transportation.

HR 720. By Representative Colbert of the 23rd:
A resolution designating that portion of State Highway 9 within the bound aries of the City of Roswell as the W. L. "Pug" Mabry Highway.
Referred to the Committee on Transportation.

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

HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the consumers' utility counsel, so as to eliminate and repeal the provisions relative to the automatic repeal of the chapter.
Referred to the Committee on Industry.

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

HB 1546 HB 1547

HB 1548 HB 1549

542

JOURNAL OF THE HOUSE,

HB 1550 HB 1551 HB 1552 HB 1553 HB 1555 HB 1556 HB 1557 HB 1558 HB 1560 HB 1566 HB 1575 HB 1580 HB 1587 HB 1588 HB 1589 HR 702 HR 703

HR 705 HR 706 HR 707 SB 7 SB 15 SB 128 SB 129 SB 178 SB 221 SB 367 SB 395 SB 396 SB 420 SB 423 SB 430 SB 431 SB 434

Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:

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

HB 1266 Do Pass, by Substitute HB 1518 Do Pass HB 1537 Do Not Pass

SB 440 Do Pass SB 441 Do Pass

Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1273 Do Pass, by Substitute
Respectfully submitted, /s/ Rainey of the 135th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

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

TUESDAY, FEBRUARY 2, 1988

543

HB 1451 Do Pass HB 1405 Do Pass HB 443 Do Pass, by Substitute

HB 1559 Do Pass HB 1234 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
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 House and has instructed me to report the same back to the House with the following recommendations:

HB 1429 Do Pass HB 1431 Do Pass

HB 1435 Do Pass HB 1545 Do Pass

Respectfully submitted, Is/ Thomas of the 69th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1401 Do Pass HB 1402 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:

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

HB 157 Do Pass HB 382 Do Pass, by Substitute HB 565 Do Pass HB 719 Do Pass, by Substitute HB 842 Do Pass, by Substitute

HB 1025 Do Pass HB 1046 Do Pass, by Substitute HB 1321 Do Pass HB 1351 Do Pass HB 1512 Do Pass

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

544

JOURNAL OF THE HOUSE,

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

HB 1257 Do Pass HB 1392 Do Pass HB 1399 Do Pass, as Amended HB 1400 Do Pass

HB 1459 Do Pass SB 248 Do Pass, as Amended HB 1329 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 has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1357 Do Pass HB 1442 Do Pass HB 1450 Do Pass HB 1465 Do Pass HB 1488 Do Pass HB 1496 Do Pass

HB 1503 Do Pass HB 1513 Do Pass HR 626 Do Pass HB 1373 Do Pass, by Substitute HB 1580 Do Pass, as Amended

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 1526 Do Pass HB 1532 Do Pass

HB 1533 Do Pass SB 535 Do Pass

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

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

Mr. Speaker:

TUESDAY, FEBRUARY 2, 1988

545

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 703 Do Not Pass HR 704 Do Pass HR 719 Do Pass
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 1526. By Representative Cummings of the 17th:
A bill to repeal an Act entitled "an act to incorporate the town of Van Wert, in the county of Polk, and for other purposes therein mentioned."

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

HB 1532.

By Representatives Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th and others:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1533. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others:
A bill to provide for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Chatham 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.

546

JOURNAL OF THE HOUSE,

SB 535. By Senator Echols of the 6th: A bill to provide that future school superintendents of the Pierce County School District shall be appointed by the board of education rather than elected; to provide for ,all related matters; to provide for a referendum; to provide effective dates.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate:
HB 1300. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, so as to change the provisions relating to public utilities.
SB 429. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Anno tated, relating to punishment for misdemeanors generally, so as to change the provisions relating to punishment for misdemeanors; to change the provisions relating to confinement; to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misdemeanor offenders, so as to change certain provisions relating to jurisdiction of the department over misdemeanor offenders.
SB 437. By Senator Peevy of the 48th:
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 create the State Mapping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings.
SB 471. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; to provide an effective date.
SB 472. By Senators Garner of the 30th, Crumbley of the 17th and Newbill of the 56th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to provide that the commissioner of corrections or his designee shall be authorized to make and execute contracts and all other instruments necessary or conven ient for the exercise of the powers and duties of the board, the commissioner, and the department.

TUESDAY, FEBRUARY 2, 1988

547

SB 476. By Senators Garner of the 30th, Kennedy of the 4th and Hudgins of the 15th:
A bill to amend Code Section 42-5-35 of the Official Code of Georgia Anno tated, relating to the power of the commissioner of corrections to confer police powers on certain persons, so as to authorize the commissioner of corrections to confer police powers upon wardens of county correctional insti tutions; to provide an effective date.

SB 482. By Senators Coleman of the 1st, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, and tires on motor vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions.

SB 501. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to provide an effective date.

SB 502. By Senator Bryant of the 3rd:
A bill to amend Code Section 52-2-9 of the Official Code of Georgia Anno tated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; to provide an effective date.

SB 504. By Senator Bryant of the 3rd:
A bill to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945, as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the Official Code of Georgia Annotated.

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.

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

548

JOURNAL OF THE HOUSE,

SB 429. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Anno tated, relating to punishment for misdemeanors generally, so as to change the provisions relating to punishment for misdemeanors; to change the provisions relating to confinement; to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misdemeanor offenders, so as to change certain provisions relating to jurisdiction of the department over misdemeanor offenders.
Referred to the Committee on State Institutions & Property.

SB 437. By Senator Peevy of the 48th:
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 create the State Mapping Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings.
Referred to the Committee on State Planning & Community Affairs.

SB 471. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 472. By Senators Garner of the 30th, Crumbley of the 17th and Newbill of the 56th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to provide that the commissioner of corrections or his designee shall be authorized to make and execute contracts and all other instruments necessary or conven ient for the exercise of the powers and duties of the board, the commissioner, and the department.
Referred to the Committee on State Institutions & Property.

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.
Referred to the Committee on State Planning & Community Affairs.

TUESDAY, FEBRUARY 2, 1988

549

SB 476. By Senators Garner of the 30th, Kennedy of the 4th and Hudgins of the 15th:
A bill to amend Code Section 42-5-35 of the Official Code of Georgia Anno tated, relating to the power of the commissioner of corrections to confer police powers on certain persons, so as to authorize the commissioner of corrections to confer police powers upon wardens of county correctional insti tutions; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 482. By Senators Coleman of the 1st, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, and tires on motor vehicles, so as to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions.
Referred to the Committee on Motor Vehicles.

SB 501. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to the board of trustees; to provide an effective date.
Referred to the Committee on Retirement.

SB 502. By Senator Bryant of the 3rd:
A bill to amend Code Section 52-2-9 of the Official Code of Georgia Anno tated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 504. By Senator Bryant of the 3rd:
A bill to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945, as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 of the Official Code of Georgia Annotated.
Referred to the Committee on State Institutions & Property.

The roll was called and the following Representatives answered to their names:

Adams.G Aiken Alford
Alien Athon Atkins Bailey

Balkcom Bannister Bargeron
Barnett,B Barnett,M Benefleld Benn

Birdsong Bostick Branch
Brooks Brown Buck Buford

Byrd Carrell Carter
Chambless Chance Cheeks Childers

Clark.B Clark,H Clark.L
Colbert Coleman Colwell Connell

550

JOURNAL OF THE HOUSE,

Couch Cox Crawford Crosby Cummings,B Cummings,M Davis,G Davis.M Dixon
Dover Dunn Edwards
Felton
Floyd Foster Galer Godbee
Goodwin Green Greene Grew
Gresham
Griffin
Groover
Hamilton

Manner Harris Hasty Heard Henaley
Herbert Holcomb Hudson Isakson Jackson,J Jackson.W Jamieson Johnson,R Kilgore Kingston Lane.D Lane,R
Langford Lawler Lawrence Lawson Lee Linder Long Lord

Lucas Lupton Mangum McCoy McDonald McKelvey McKinney Meadows Milam Mobley Moody Moore
Morton
Mostiler
Moultrie
Mueller
Oliver.C
Oliver.M
Orrock
Fadgett
Parrish
Patten
Peters
Phillips

Pittman Porter Powell Prichard Ramsey.V Ransom Reaves Redding Richardson Ricketson Robinson Royal
Selman
Shepard
Sherrod
Simpson
Sinkfield
Sizemore
Smith,L
Smith,P
Smith.T
Srayre
Snow
Stancil

Stanley Stein berg Stephens Thomas.C Thomas,M Thompson Thurmond Tolbert Townsend Triplett Twiggs Waddle Waldrep
Walker.L
Wall
Ware
Watson
Watts
Williams ,B
Wilson Wood
Workman
Yeargin
Murphy,Spkr

Prayer was offered by the Reverend Charles A. Farr, Senior Minister, St. James United Methodist Church, Atlanta, Georgia.

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

HB 1214.

By Representative Richardson of the 52nd:
A bill to amend Code Section 43-10-12 of the Official Code of Georgia Anno tated, relating to cosmetology schools, teachers, and instructors, so as to change certain provisions relating to requirements for teachers and instruc tors.

The following substitute, offered by Representative Richardson of the 52nd, was read and adopted:
A BILL
To amend Code Section 43-10-12 of the Official Code of Georgia Annotated, relating to cosmetology schools, teachers, and instructors, so as to change certain provisions relat ing to requirements for teachers and instructors; 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 43-10-12 of the Official Code of Georgia Annotated, relating to cosmetology schools, teachers, and instructors, is amended by striking paragraph (1) of subsection (e) thereof and inserting in its place a new paragraph to read as follows:
"(1) All teachers or instructors shall devote their entire time to instruction of stu dents. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his application with the joint-secretary for a license therefor and shall pay an examination fee in such amount as shall be set by the board by regulation. A person desiring to teach at the master level shall satisfy the board that he holds a current cosmetology license at the master level and also holds a diploma or certificate of 1500 credit hours from a board approved school, is a high school graduate, and has one year's instructor training in a registered school of cosmetol ogy. A person desiring to teach at the esthetician level shall satisfy the board that he holds a current cosmetology license at the esthetician or master level and also holds a

TUESDAY, FEBRUARY 2, 1988

551

diploma or certificate of at least 750 credit hours from a board approved school, is a high school graduate, and has nine six months' instructor training in a registered school of esthetics or school of cosmetology. A person desiring to teach at the manicurist level shall satisfy the board that he holds a current cosmetology license at the manicurist or master level and also holds a diploma or certificate of at least 320 credit hours from a board approved school, is a high school graduate, and has six three months' instructor training in a registered school of nail care or school of cosmetology. Such person shall also pass an examination at the appropriate level of instruction satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology at the appropriate level. Any person who has actively engaged in the practice of esthetics or nail care for five years prior to July 1, 1985, shall be able to stand for examination to be licensed to teach at the appropriate level without meeting the credit hour and instructor training requirements, provided that such person holds a current license at the esthetician, mani curist, or master level, is a high school graduate or its equivalent, submits proper appli cation and proof satisfactory to the board, and has paid or pays the required fees prior to November 1, 1985."
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 ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 577. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia.

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

Y Aaron Y Adams.G
Y Adams.M Y Aiken
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 Bishop Y Bostick Y Branch Brooks Brown

YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford
Y Croaby Y Cummings,B Y Cummings.M Y Davis.G

Davis.M Y Dixon Y Dobbs Y Dover
YDunn Y Edwards Y Felton
Floyd Foster
YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty 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 Lane.R
Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong

Lord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney
Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock
Y Padgett

552

JOURNAL OF THE HOUSE,

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 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 YSnow
Stancil Y Stanley
Y Steinberg

Stephens Y Thomas.C
Thomas.M
Y Thompson Thurmond
Y Tolbert 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 Y Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

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

HR 627. By Representative Pettit of the 19th: A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

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

Y Coleman Y Colwell
Y Connell Y Couch YCox
Crawford
Y Crosby Y Cummings.B
Y Cummings.M Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Floyd Foster
Y Galer Y Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover
Y Hamilton Hanner
Y Harris Y Hasty 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 Linder YLong
YLord Lucas
Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Y Milam
Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M 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
Randall
Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson
Watts Y White
Wilder Y Williams.B Y Williams,J
Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 12. By Representative Ramsey of the 3rd:

TUESDAY, FEBRUARY 2, 1988

553

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for sources of revenue other than ad valorem taxes for local school systems; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI of the Constitution is amended by adding a new Paragraph IV to read as follows:
"Paragraph IV. Other sources of revenue. The General Assembly may provide for sources of revenue other than ad valorem taxes for local school systems including with out limitation the levy of one or more types of taxes by local school systems or by other political subdivisions on behalf of local school systems or both. Such other sources of revenue may be provided for by general law or by local law if expressly permitted by general law. Any such law may, but shall not be required to, provide for a corresponding reduction in the amount of ad valorem taxes otherwise authorized to be levied for the support and maintenance of the school system or school systems affected."
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 Shall the Constitution be amended so as to authorize the General Assem bly to provide for sources of revenue other than ad valorem taxes for
( ) NO local school systems?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos.."" All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Committee substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for sources of revenue other than ad valorem taxes for local school systems; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI of the Constitution is amended by adding a new Paragraph IV to read as follows:
"Paragraph IV. Other sources of revenue. The General Assembly may provide for sources of revenue other than ad valorem taxes for local school systems including, with out limitation, the levy of one or more types of taxes by other political subdivisions on behalf of local school systems; provided, however, that a local school system shall not under this Paragraph be authorized itself to levy any such tax. Such other sources of revenue may be provided for by general law or by local law if expressly permitted by general law. Any such law shall provide that any such other source of revenue for a local school system must be authorized by the affected local board of education. Any such law may provide for a corresponding reduction in the amount of ad valorem taxes otherwise authorized to be levied for the support and maintenance of the school system or school systems affected."

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JOURNAL OF THE HOUSE,

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 Shall the Constitution be amended so as to authorize the General Assem bly to provide for sources of revenue other than ad valorem taxes for
( ) NO local school systems?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Johnson of the 123rd moved that HR 12 be placed upon the table. On the motion, 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
Y Bailey Balkcom
N Bannister N Bargeron
N Barnett,B N Barnett,M NBeck Y Benefield YBenn N Birdsong
Bishop N Bostick N Branch Y Brooks Y Brown NBuck N Buford NByrd N Carrell N Carter N Chambless
N Chance N Cheeks N Childers Y Clark.B N Clark.H N Clark.L N Colbert

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

N Holmes N Hooks N Hudson N Isakson N 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 N Lawrence N Lawson
YLee Y Linder NLong NLord Y Lucas N Lupton N Mangum N Martin NMcCoy N McDonald N McKelvey
McKinney N Meadows NMilam N Milford N Mobley
N Moody Moore
N Morton

On the motion, the ayes were 25, nays 138. The motion was lost.

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

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

The following amendments were read and lost:

Representative Foster of the 6th moves to amend the Committee substitute to HR 12 by adding after "affected" on line 26, the following:
"The total local tax revenue collected by a local school system shall not exceed an amount in excess of (20) twenty times (1) one mill as assessed by the local tax digest, including ad valorem tax and any other source of revenue as provided for herein."

TUESDAY, FEBRUARY 2, 1988

555

Representative Cummings of the 134th moves to amend the Committee substitute to HR 12 as follows:
Delete from the word "any" on line 22 through line 26.

The following amendment was read:

Representative Groover of the 99th moves to amend the Committee substitute to HR 12 by striking from lines 18 and 19, page 1, the following:
"or by local law if expressly permitted by general law", and by allowing a period after "law" on line 18.

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

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

N Coleman Y Colwell N Connell N Couch YCox Y Crawford N Crosby N Cummings,B Y Cummings.M Y Davis,G Y Davis.M N Dixon Y Dobbs N Dover
Dunn
N Edwards N Felton Y Floyd
Foster YGaler Y Godbee N Goodwin Y Green
Y Greene Y Greer
N Gresham Y Griffin Y Groover N Hamilton N Hanner N Harris Y Hasty Y Heard N Hensley N Herbert
Y Holcomb

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

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

On the adoption of the amendment, the ayes were 99, nays 70. The amendment was adopted.

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

An amendment offered by Representative McKinney of the 35th was read and with drawn.

The following amendment was read and lost:

Representative Walker of the 85th moves to amend the Committee substitute to HR 12 as follows:
By adding on line 12, after the word "taxes", "and sales taxes".

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JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Representatives Walker of the 115th and Groover of the 99th move to amend the Committee substitute to HR 12 as follows:
By adding a new Section 2 to read as follows:
"Nothing herein shall be construed to authorize sources of revenue by activities pres ently prohibited by the Constitution of Georgia",
and by renumbering Section 2 as Section 3.

Representative Oliver of the 121st moves to amend the Committee substitute to HR 12 as follows:
Page 1, line 12, strike the words "other than" and substitute the words "in addition to", and by making this identical change on line 8, page 2.

The following amendment was read:

Representative Shepard of the 71st moves to amend the Committee substitute to HR 12 as follows:
By changing on line 22 of page one, the word "may" to "shall".

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

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

N Coleman N Colwell N Connell
N Couch NCox Y Crawford N Crosby N Cummings,B N Cummings.M
N Davis.G Y Davis.M N Dixon
Y Dobbs N Dover NDunn N Edwards Y Felton Y Floyd
Foster NGaler N Godbee Y Goodwin Y Green N Greene N Greer Y Gresham Y Griffin N Groover Y Hamilton
Manner
N Harris N Hasty Y Heard N Hensley N Herbert Y Holcomb

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

N Mostiler
Y Moultrie Y Mueller N Oliver.C N Oliver.M
N Orrock N Padgett
Pannell Y Parham N Parrish
N Patten N Peters N Pettit N Phillips N Pinkston N Pittman N 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 N Royal Y Selman Y Shepard N Sherrod N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 50, nays 116.

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

TUESDAY, FEBRUARY 2, 1988

557

The amendment was lost.

The following amendment was read:

Representative Isakson of the 21st moves to amend the Committee substitute to HR 12 as follows:
By deleting the period after the word "education" on line 22, page 1, and adding after the word "education" the following:
"and by a referendum of the registered voters in the political subdivision served by the local board of education.".
and on Page 2, line 10, delete "?" and add the following:
"subject to a local referendum of the political subdivision served by the local board of education?".

On the adoption of the amendment, 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 N Athon
Y Atkins Y Bailey
Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch
Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless N Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L Y Colbert

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

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

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

On the adoption of the amendment, the ayes were 142, nays 26. The amendment was adopted.

The following amendment was read and lost:

Sizemore N Smith.L Y Smith.P
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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L
Y Wall Y Ware N Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J N Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

Representatives Twiggs of the 4th, Colwell of the 4th, Dobbs of the 74th and Jamieson of the llth move to amend the Committee substitute to HR 12 by adding after the word "for" on line 2 of page 1 the following:

558

JOURNAL OF THE HOUSE,

"certain".
By striking all of lines 13 through 15 of page 1 and inserting in lieu thereof the follow ing:
"; provided, however, that the only local taxes other than ad valorem taxes which may be authorized as such sources of revenue shall be: (a) a local sales and use tax not to exceed a rate of 1 percent; (b) local excise taxes on alcoholic beverages; and (c) local excise taxes on tobacco and tobacco products. Any such taxes may only be levied by other political subdivisions on behalf of local systems; and a local".
By adding after the word "for" on line 8 of page 2 the following:
"certain".

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

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

N Coleman Y Cohvell Y Connell N Couch NCox
N Crawford Y Crosby Y Cummings,B N Cummings,M N Davis.G Y Davis.M Y Dixon N Dobbs Y Dover
NDunn N Edwards Y Felton N Floyd
Foster N Galer N Godbee Y Goodwin N Green N Greene Y Greer Y Gresham Y Griffin
N Groover Y Hamilton N Hanner Y Harris Y Hasty N Heard Y Hensley Y Herbert N Holcomb

Y Holmes Y Hooks
N Hudson Y Uakson Y Jackson,J N Jackson,W
N Jamieson N Johnson,D N Johnson.R Y Kilgore Y Kingston Y Lane.D
Y Lane,R N Langford
Y Lawler Y Lawrence Y Lawson
NLee N Under NLong NLord N Lucas Y Lupton Y Mangum Y Martin
N McCoy N McDonald Y McKelvey
McKinney N Meadows NMilam N Milford
N Mobley Y Moody N Moore Y Morton

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

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

On the adoption of the Resolution, by substitute, as amended, the ayes were 86, nays 84.
The Resolution, by substitute, as amended, having failed to receive the requisite twothirds constitutional majority, was lost.

Due to mechanical malfunction, the votes of Representatives Foster of the 6th and Wood of the 9th were not recorded on the preceding roll call. They wished to be recorded
as voting "aye" thereon.

TUESDAY, FEBRUARY 2, 1988

559

Representative Moore of the 139th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Cummings of the 17th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite two-thirds con stitutional majority to HR 12, by substitute, as amended.

HB 1305. By Representatives Jackson of the 9th and Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals.

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

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Alien Y 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 Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N CIark,B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell
Couch YCox Y Crawford Y Crosby
Cummings.B Y Cummings.M Y Davis.G N 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 Y Groover Y Hamilton
Manner
Y Harris Y Hasty 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 YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M 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 Ricketscm Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Sizemore Y Smith,L Y Smith.P
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 Tolbert 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
Murphy ,Spkr

On the passage of the Bill, the ayes were 155, nays 2. The Bill, having received the requisite constitutional majority, was

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Health and Ecology and referred to the Committee on Judiciary:

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JOURNAL OF THE HOUSE,

SB 367. By Senators Peevy of the 48th, Allgood of the 22nd and Stumbaugh of the 55th:
A bill to amend Code Section 31-9-6 of the Official Code of Georgia Anno tated, relating to requirements for valid consent to certain surgical or medi cal treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treat ment; to provide for disclosure of procedures and courses of treatment.

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

HR 722. By Representatives Colwell of the 4th, Cox of the 141st, Williams of the 48th, Greene of the 130th and Lord of the 107th:
A resolution commending Honorable David C. Evans and inviting Commis sioner Evans to appear before the House of Representatives.

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, FEBRUARY 3, 1988

561

Representative Hall, Atlanta, Georgia Wednesday, February 3, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron
Adams.G Adams.M Aiken Alford Athon Atkins Bailey Balkcom Bannister Bargeron
Barnett,B Barnett,M Beck Benefield Benn Birdsong Bostick Branch Brooks Brown
Buck Buford Byrd Carrell
Carter Chambless Chance Cheeks Childers Clark,B
Clark,H Clark,L

Colbert Coleman Colwell
Connell Couch Cox
Crawford Crosby Cummings.B Davis.G Davis,M Dixon Dobbs
Dover
Dunn Edwards Felton
Floyd Foster Galer
Godbee Good win Green Greene Greer Gresham Griffin
Groover Hamilton
Harris
Hasty Heard Hensley

Holcomb Holmes
Hooks Hudson
Isakson Jackson,J Jackson.W Jamieson Johnson,D Johnson.R Kilgore Kingston Lane.D Lane.R Lawler Lawrence Lawson Lee
Linder Long Lord Lupton Martin McCoy McKelvey Meadows Milam
Mobley Moody Moore Morton Mostiler Moultrie

Mueller Oliver.C Oliver.M Orrock Padgett Parham Parrish Patten Peters Pettit Phillips Pinkston Pittman Porter Powell Rainey Ramsey.T Ramsey.V Randall Ransom
Ray
Reaves
Redding
Richardson
Ricketson
Royal
Shepard
Sherrod
Simpson
Sinkfield
Sizemore
Smith,L

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

Prayer was offered by the Reverend Bill Adams, Pastor, Riverside Baptist Church, Rome, 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.

562

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1591. By Representatives Greene of the 130th and Hanner of the 131st:
A bill to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to provide for the mediation of farm debt; to provide a short title; to provide for definitions; to create the Georgia Media tion Bureau and provide for a director, assistant director, employees, media tors, offices, powers, duties, and authority related thereto.
Referred to the Committee on Judiciary.

HB 1592. By Representative Aiken of the 21st:
A bill to amend Code Section 16-7-29 of the Official Code of Georgia Anno tated, relating to criminal trespass by motor vehicle, so as to change the provisions relating to penalties; to provide for community service.
Referred to the Committee on Special Judiciary.

HB 1593. By Representative Aiken of the 21st:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Anno tated, relating to the offense of escape, so as to provide that any person who commits the offense of escape shall, upon conviction thereof, be guilty of a felony.
Referred to the Committee on Special Judiciary.

HB 1594. By Representatives Aiken of the 21st, Clark of the 20th and Atkins of the 21st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries.
Referred to the Committee on State Planning & Community Affairs.

HB 1595. By Representative Moultrie of the 93rd:
A bill to amend an Act creating the board of commissioners of Harris County, so as to change the compensation and expenses of the chairman and the other members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1596. By Representatives Rainey of the 135th, Moody of the 153rd, Hasty of the 8th, Peters of the 2nd and Watts of the 41st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the "Georgia Boat Safety Act," so as to change the definition of a personal flotation device.
Referred to the Committee on Game, Fish & Recreation.

WEDNESDAY, FEBRUARY 3, 1988

563

HB 1597. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fishing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to cer tain nonresident hunting licenses.
Referred to the Committee on Game, Fish & Recreation.

HB 1598. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Robinson of the 96th:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to prohibit the destruction, alteration, or falsification of certain records.
Referred to the Committee on Judiciary.

HB 1599. By Representatives Bannister of the 62nd, Barnett of the 59th, Pittman of the 60th, Wall of the 61st, Mobley of the 64th and others:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to authorize the General Assembly by local law to abolish the office of coroner and establish in lieu thereof the office of medical examiner in any county of this state having a population exceed ing 160,000 according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on Health & Ecology.

HB 1600. By Representatives Martin of the 26th, Orrock of the 30th, Greer of the 39th, Townsend of the 24th and Lupton of the 25th:
A bill to amend an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United States decennial census, so as to provide that the board of registra tion and elections shall perform all of the functions required by law to be performed by a board of registrars.
Referred to the Committee on State Planning & Community Affairs.

HB 1601. By Representatives Martin of the 26th, Orrock of the 30th, Greer of the 39th, Townsend of the 24th and Lupton of the 25th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Anno tated, relating to the appointment of county registrars, so as to provide that in counties having a population of more than 500,000 according to the United States decennial census of 1980 or any future such census, there shall be no board of registrars.
Referred to the Committee on State Planning & Community Affairs.

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JOURNAL OF THE HOUSE,

HB 1602. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County; to provide for the term, filling of vacancies, and compensation for the office of chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1603. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Wall of the 61st and Pittman of the 60th:
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 each project for which a tax is proposed shall be sepa rately submitted to the voters of the county; to provide that the tax shall be imposed only for those projects approved by the voters.
Referred to the Committee on Ways & Means.

HB 1604. By Representatives Robinson of the 96th and Murphy of the 18th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer or his agent to discharge an employee solely as a result of the employee's truthful testimony in a workers' compensation hearing.
Referred to the Committee on Judiciary.

HB 1606. By Representatives Martin of the 26th, Thomas of the 69th, Oliver of the 53rd and Steinberg of the 46th:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Condominium Act," so as to pro vide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condomin ium associations; to prohibit the disproportionate allocation of common expenses.
Referred to the Committee on Judiciary.

HB 1607. By Representative Martin of the 26th:
A bill to amend Chapter 6 of Title 5 of the Official Code of Georgia Anno tated, relating to certiorari and appeals to appellate courts generally, so as to provide for stipulation of a record to the appellate courts.
Referred to the Committee on Special Judiciary.

HB 1608. By Representatives Triplett of the 128th, Hamilton of the 124th and Kingston of the 125th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to provide that the tax may be imposed for educational purposes; to authorize the General Assembly to provide for reduction of county ad valorem taxes for educational purposes in counties where such tax is imposed.
Referred to the Committee on Ways & Means.

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565

HB 1609. By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th and Milford of the 13th:
A bill to create the Classic Center Authority for Clarke County, Georgia, so as to provide for the public purpose of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1610. By Representatives Goodwin of the 63rd and Galer of the 97th:
A bill to amend Code Section 49-5-3 of the Official Code of Georgia Anno tated, relating to definitions under the "Children and Youth Act," so as to provide for definition of a day camp facility and for the inclusion of a facility within the definition of a day-care center for the purpose of licensing and regulation by the Department of Human Resources.
Referred to the Committee on Human Relations & Aging.

HB 1611. By Representatives Moody of the 153rd and Rainey of the 135th:
A bill to amend Code Section 27-4-10 of the Official Code of Georgia Anno tated, relating to creel and possession limits, so as to change certain provi sions regarding limits applicable to American shad or Hickory shad.
Referred to the Committee on Game, Fish & Recreation.

HR 721. By Representatives Redding of the 50th and Orrock of the 30th:
A resolution encouraging home builders and developers of single-family resi dences and residential condominiums to construct some houses, buildings, and related areas in a manner to provide minimal levels of accessibility to accommodate disabled and older persons.
Referred to the Committee on State Planning & Community Affairs.

HR 723. By Representatives Triplett of the 128th, Hamilton of the 124th and Kingston of the 125th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for a reduction of ad valorem taxes levied and collected for educational purposes for residents of any county which imposes a special county sales and use tax for educational pur poses.
Referred to the Committee on Ways & Means.

HR 724. By Representatives Triplett of the 128th, Hamilton of the 124th and Kingston of the 125th:
A resolution proposing an amendment to the Constitution so as to authorize a county board of education of a county which imposes a special county 1 percent sales and use tax for educational purposes to issue revenue bonds up to a specified amount which revenue bonds shall be repayable from the pro ceeds of such tax.
Referred to the Committee on Ways & Means.

HR 725. By Representative Birdsong of the 104th: A resolution designating the William H. Freeman Memorial Bridge.
Referred to the Committee on Transportation.

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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 1622. By Representative Dunn of the 73rd:
A bill to amend Code Section 20-2-892 of the Official Code of Georgia Anno tated, relating to contributions by employees, state and local employers, and withholding or deducting employees' contributions, so as to change the method of computing the local employer's share of contributions to the health insurance fund.
Referred to the Committee on Insurance.

HB 1623. By Representative Dunn of the 73rd:
A bill to amend Code Section 45-18-14 of the Official Code of Georgia Anno tated, relating to deductions from compensation and benefits of share of cost of coverage under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state government, so as to change the method of computing contributions.
Referred to the Committee on Insurance.

HB 1625. By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to create the Cobb County Commission on Children and Youth; to pro vide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1561 HB 1562 HB 1563 HB 1564 HB 1565 HB 1567
HB 1*69 HB 1570 HB 1571 HB 1572 HB 1573
HB 1574 HB 1576
HB 1577
HB 1578 HB 1579
HB 1581
HB 1582

HB 1583 HB 1584 HB 1585 HB 1586 HB 1590 HB 1605
TMTM TM TM0 SB 429 =B 437 SB 471
SB 472 bB 475
SB 476
SB 482 SB 501
SB 502
SB 504

Representative Wood of the 9th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

WEDNESDAY, FEBRUARY 3, 1988

567

Your Committee on Defense & Veterans Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 727 Do Pass HR 631 Do Pass SB 359 Do Pass
Respectfully submitted, kl Wood of the 9th
Chairman

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1423 Do Pass
Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1441 Do Pass HB 1446 Do Pass HB 1440 Do Pass, as Amended
Respectfully submitted, /s/ Rainey of the 135th
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 House and has instructed me to report the same back to the House with the following rcommendations:

HB 1366 Do Pass, by Substitute HB 1437 Do Pass, by Substitute HB 1509 Do Pass

HB 1530 Do Pass, as Amended HB 1531 Do Pass

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

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Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1263 Do Pass, by Substitute HB 1382 Do Pass, by Substitute

HB 71 Do Pass, as Amended HB 1467 Do Pass

Respectfully submitted, /s/ Jackson of the 9th
Chairman

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

Mr. Speaker:

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

HB 1297 Do Pass HB 1365 Do Pass, by Substitute

HR 696 Do Pass HR 702 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1238 Do Pass, by Substitute
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

Mr. Speaker:

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

HB 1184 Do Pass HB 1474 Do Pass, by Substitute HB 1511 Do Pass HB 1551 Do Pass

HB 1555 Do Pass HB 1556 Do Pass HB 1560 Do Pass

WEDNESDAY, FEBRUARY 3, 1988

569

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

Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1228 Do Pass HR 552 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1200 Do Pass, by Substitute
Respectfully submitted, /s/ Wilson of the 20th
Chairman

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

HB 1184. By Representative Selman of the 32nd:
A bill to amend an Act establishing a charter for the City of Fairburn, so as to change the corporate limits of such municipality.

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

HB 1474. By Representative Hooks of the 116th:
A bill to create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independ ent school system of the City of Americus; to create the board of education for the Sumter County Public School System.

The following Committee substitute was read and adopted:

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A BILL
To create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus; to create the board of education for the Sumter County Public School System; to provide for the election of members of the board and for their terms of office; to provide for electoral districts of board members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to provide for the compensation of board members; to provide that said board shall appoint the county school superintend ent to serve at the pleasure of the board; to provide for protection of employment rights of current employees; to abolish the county school system of Sumter County and the inde pendent school system of the City of Americus and the boards of education and school superintendents of such systems; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Effective July 1, 1989, there is created for Sumter County the Sumter County Public School System. The Sumter County Public School System shall be created by merging and consolidating the county school system of Sumter County and the inde pendent school system of the City of Americus as such exist on June 30, 1989. The Sumter County Public School System shall be under the control and management of the Board of Education of Sumter County created by this Act.
Section 2. Effective July 1, 1989, there is created a board of education for the Sumter County Public School System to be composed of nine members elected from the education districts provided for in Section 3 of this Act. Each member shall be a resident of the education district he represents and shall be elected by the voters of the education district in which he resides. All board members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Sumter County for at least one year immediately preceding the date of their election and within the education district which they represent at least six months immediately preceding the date of their election.
Section 3. (a) For the purpose of electing the members of the Board of Education of the Sumter County Public School System, Sumter County shall be divided into nine education districts described by the following boundaries:
Education District 1: Begin at the intersection of West Church Street in Americus with the western city
limits of Americus and follow the city limits of Americus northerly to State Route 30 (Friendship Road) (Adderton Street). Then run easterly along the Friendship Road (Adderton Street) to its intersection with Armory Drive. Then run northerly along Armory Drive to its intersection with Maple Street. Then run westerly along Maple Street to its intersection with Hickory Drive. Then run northerly along Hickory Drive to its intersection with Patton Drive. Then run westerly along Patton Drive to its inter section with Morris Drive, (which is where the city limits of Americus turn northward). Then run northerly along Morris Drive and the City of Americus city limits to the first point where the city limit line of the City of Americus turns and runs in an easterly direction. Then turn east and run along the city limit line until its intersection with the water line of Lake Collins. Then turn north and run along the City of Americus city limits to a point along the Lake Collins water line which is due west of the end of Lakeshore Drive. From said point, run due east to the end of Lakeshore Drive. Then run easterly and southerly along Lakeshore Drive to a point which is 1,378.5 feet in a westerly direction from the intersection of Lakeshore Drive and U.S. Highway 19. Then run north 32 degrees 57 minutes west a distance of 393.25 feet. Then run north 88 degrees 15 minutes east 402.4 feet. Then run south 32 degrees 57 minutes east a distance of 155.8 feet to the right of way of Lakeshore Drive. Then run easterly along Lakeshore Drive to its intersection with U.S. Highway 19 (State Route 3). Then run southerly along U.S. Highway 19 (State Route 3) to its intersection with Mary Blount Drive. Then

WEDNESDAY, FEBRUARY 3, 1988

571

run easterly along Mary Blount Drive to the city limit line of the City of Americus (also the west boundary of a public housing project). Then run northerly and easterly along the city limit line to Pine Street (Roney Street ends at this point). Then run northerly along Pine Street to its intersection with Pecan Road. Then run easterly along Pecan Road to its intersection with Sunset Drive. Then run southerly and easterly along Sunset Drive to its intersection with the Bumphead Road (County Road 309). Then run southerly along the Bumphead Road (County Road 309) to the Southerfield Road/Rucker Street (Northside Drive) intersection. Then run westerly along Rucker Street (Northside Drive) to its intersection with North Jackson Street. Then run south erly along North Jackson Street to its intersection with West Lamar Street. Then run westerly along West Lamar Street to its intersection with Dudley Street. Then run south along Dudley Street to its intersection with Spring Street. Then run westerly and south westerly along Spring Street to its intersection with West Church Street. Then run southwesterly along West Church Street to the western city limits of Americus and the point of beginning of EDUCATION DISTRICT NUMBER 1.
Education District 2:
Begin at the intersection of North Lee Street and Ashby Street in the City of Americus and run easterly along Ashby Street to its intersection with North Mayo Street. Then run southerly along North Mayo Street to its intersection with Oglethorpe Avenue. Then run northeasterly along Oglethorpe Avenue to its intersection with Sunset Drive. Then run northerly along Sunset Drive to its intersection with Ridge Street. Then run easterly along Ridge Street to its intersection with Douglas Drive. Then run nor therly along Douglas Drive to its intersection with Pine Avenue and turn right and run northerly along Pine Avenue to its intersection with Sharon Drive. Then run easterly and southerly along Sharon Drive to its intersection with State Route 49 (Macon Road). Then run northeasterly along State Route 49 (Macon Road) to its intersection with the city limits of the City of Americus. Then run in a northerly, westerly and southerly direction along the city limits of Americus until such city limits intersect with North Mayo Street. Then run in a northerly direction along North Mayo Street to its intersec tion with the Andersonville Road (Southerfield Road) (County Road 297). Then run southwesterly along the Andersonville Road (Southerfield Road) (County Road 297) to the intersection of the Andersonville Road, the Bumphead Road, and Rucker Street (Northside Drive). Then run westerly along Rucker Street (Northside Drive) to North Jackson Street. Then run southerly along North Jackson Street to its intersection with Patterson Street. Then run easterly along Patterson Street to its intersection with North Lee Street. Then run southerly along North Lee Street to its intersection with Ashby Street and the point of beginning of EDUCATION DISTRICT NUMBER 2.
Education District 3:
Begin at the intersection of North Lee Street and Ashby Street in the City of Americus and run easterly along Ashby Street to its intersection with North Mayo Street. Then run southerly along North Mayo Street to its intersection with Oglethorpe Avenue. Then run northeasterly along Oglethorpe Avenue to its intersection with Hudson Street. Then run southerly along Hudson Street to its intersection with East Lamar Street. Then run west along East Lamar Street to its intersection with Reese Street. Then run southerly along Reese Street to its intersection with Angus Drive. Then run southeasterly along Angus Drive to its intersection with Rogers Street. Then run southerly along Rogers Street to its intersection with Parker Street. Then run west along Parker Street to its intersection with Reese Park Street. Then run south along Reese Park Street to its intersection with Bosworth Street. Then run west along Bosworth Street to its intersection with Elm Avenue. Then run north along Elm Avenue to its intersection with East College Street. Then run west along East College Street to its intersection with Oak Avenue. Then run south along Oak Avenue to its intersection with the city limit line of the City of Americus (the southernmost end of Oak Avenue). Then run in a generally northwesterly direction along the southwesterly city limits of the City of Americus to the city limit line's intersection with West Church Street. Then run northeasterly along West Church Street to its intersection with Spring Street. Then run
northerly and easterly along Spring Street to its intersection with Dudley Street. Then

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run north along Dudley Street to its intersection with West Lamar Street. Then run easterly along West Lamar Street to its intersection with Jackson Street. Then run north along Jackson Street to its intersection with Patterson Street. Then run easterly along Patterson Street to its intersection with North Lee Street. Then run south along North Lee Street to its intersection with Ashby Street and the point of beginning of EDUCATION DISTRICT NUMBER 3.
Education District 4:
Begin at the intersection of East Lamar Street and Reese Street in the City of Americus and run easterly along East Lamar Street to its intersection with Hudson Street. Then run north along Hudson Street to its intersection with Oglethorpe Avenue. Then run northeasterly along Oglethorpe Avenue to its intersection with Sunset Drive. Then run northerly along Sunset Drive to its intersection with Ridge Street. Then run easterly along Ridge Street to its intersection with Douglas Drive. Then run northerly along Douglas Drive to its intersection with Pine Avenue and turn right and run nor therly along Pine Avenue to its intersection with Sharon Drive. Then run easterly and southerly along Sharon Drive to its intersection with State Route 49 (Macon Road). Then run northeasterly along State Route 49 (Macon RoadV to its intersection with Dogwood Hills Road. Then run southerly and easterly along Dogwood Hills Road to its intersection with the Middle River Road (County Road 300). Then run easterly along the Middle River Road (County Road 300) to its intersection with the Packing House Road (County Road 184). Then run south along the Packing House Road (County Road 184) to its intersection with Georgia Highway 27 (the Vienna Highway). Then run west along Georgia Highway 27 (the Vienna Highway) to its intersection with U.S. Highway 280 (State Route 30). Then run in a southeasterly direction along U.S. Highway 280 (State Route 30) to its intersection with Felder Street. Then run westerly along Felder Street to its intersection with Cornelia Drive. Then run southerly along Cornelia Drive to its intersection with Wildwood Circle. Then run southwesterly along Wildwood Circle to its intersection with Anthony Drive. Then run westerly along Anthony Drive to its intersection with Simmons Street. Then run southerly and westerly along Simmons Street to its intersection with Wheatley Street. Then run southerly along Wheatley Street to its intersection with East Glessner Street. Then run westerly along East Glessner Street to its intersection with South Lee Street. Then run northerly along South Lee Street to its intersection with East College Street. Then run easterly along East College Street to its intersection with Elm Avenue. Then run southerly along Elm Avenue to its intersection with Bosworth Street. Then run easterly along Bosworth Street to its intersection with Reese Park Street. Then run northerly along Reese Park Street to its intersection with Parker Street. Then run easterly along Parker Street to its intersection with Rogers Street. Then run northerly along Rogers Street to its inter section with Angus Drive. Then run northwesterly along Angus Drive to its intersection with Reese Street. Then run northerly along Reese Street to its intersection with East Lamar Street and the point of beginning of EDUCATION DISTRICT NUMBER 4.
Education District 5:
Begin at the intersection of South Lee Street and College Street in the City of Americus and run then south along South Lee Street to its intersection with East Glessner Street. Then run east along East Glessner Street to its intersection with Wheatley Street. Then run northerly along Wheatley Street to its intersection with Simmons Drive. Then run easterly and northerly along Simmons Drive to its intersec tion with Anthony Drive. Then run easterly along Anthony Drive to its intersection with Wildwood Circle. Then run northeasterly along Wildwood Circle to its intersection with Cornelia Drive. Then run northerly along Cornelia Drive to its intersection with Felder Street. Then run easterly along Felder Street to its intersection with the run of Willet's Branch. Then follow the run of Willet's Branch to where Willet's Branch empties into Murphy's Mill Pond. Then run through the center of Murphy's Mill Pond to a point where Murphy's Mill Pond is divided by Murphy's Mill Road (County Road 147). Then run northerly and westerly along Murphy's Mill Road (County Road 147) to South Lee Street Road (County Road 237). Then run southerly along South Lee Street Road to
where it intersects with the run of Murphy's Mill Creek (which is also the city limit line

WEDNESDAY, FEBRUARY 3, 1988

573

of the City of Americus). Then run southerly and westerly along the run of Murphy's Mill Creek to the point where it intersects with Muckalee Creek. Then run north westerly along the run of Muckalee Creek and the southwesterly boundary of the City of Americus to its intersection with a railroad (Central of Georgia). Then run northerly along said railroad (Central of Georgia) to where said railroad intersects with Valley Drive. Then run in a northerly direction along said railroad until it again intersects with the city limit line of the City of Americus. Then run southeasterly along the city limit line of the City of Americus to Oak Avenue (the southernmost end of Oak Avenue). Then run north along Oak Avenue to its intersection with College Street. Then run east erly along College Street to its intersection with South Lee Street and the point of beginning of EDUCATION DISTRICT NUMBER 5.
Education District 6:
BEGIN at the intersection of U.S. Highway 19 (State Route 3) and the southern county line of Sumter County (the Lee-Sumter County line) and run in a northerly direction along U.S. Highway 19 (State Route 3) to its intersection with the run of Bear Branch. Then run in a southeasterly direction along the run of Bear Branch to its inter section with the run of Muckalee Creek. Then run southerly and easterly along the run of Muckalee Creek to its intersection with Philema Creek. Then run northerly along Philema Creek (and through Philema Lake) to its intersection with U.S. Highway 280 (State Route 30). Then run southeasterly along U.S. Highway 280 (State Route 30) to its intersection with Peanut Club Road (County Road 108). Then run easterly along Peanut Club Road (County Road 108) to its intersection with State Route 195. Then run northerly along State Route 195 to its intersection with the run of Lime Creek. Then follow the run of Lime Creek in a northerly and westerly direction (and through Brown's Mill Pond) to its intersection with the Upper River Road (County Road 296). Then run easterly along the Upper River Road (County Road 296) to its intersection with State Route 195. Then run southerly along State Route 195 to its intersection with the Middle River Road. Then run easterly and southerly along the Middle River Road to its intersection with State Route 27. Then run easterly along State Route 27 to the Flint River. Then run southerly along the Flint River to the Lee-Sumter County line. Then run westerly along the Lee-Sumter County line to U.S. Highway 19 (State Route 3) and the point of beginning of EDUCATION DISTRICT NUMBER 6.
Education District 7:
Begin at the intersection of U.S. Highway 19 (State Route 3) with the Lee-Sumter County line and run northerly along U.S. Highway 19 (State Route 3) to its intersection with Croxton Cross Road (County Road 303). Then run westerly along Croxton Cross Road (County Road 303) to its intersection with Sam Rodgers Road (County Road 2). Then run northerly along Sam Rodgers Road (County Road 2) to its intersection with Arch Helms Road (County Road 3). Then run westerly along the Arch Helms Road (County Road 3) to its intersection with Salter's Mill Road (County Road 37). Then run southwesterly along Salter's Mill Road (County Road 37) to its intersection with New Point Church Road (County Road 29). Then run northerly along the New Point Church Road (County Road 29) to its intersection with U.S. Highway 280. Then run westerly along U.S. Highway 280 to its intersection with Green Store Road (County Road 81). Then run northerly and westerly along Green Store Road (County Road 81) to its inter section with State Route 45. Then run northerly along State Route 45 to its intersection with Young's Mill Road (County Road 21). Then run easterly along Young's Mill Road (County Road 21) to its intersection with Tallent Store Road (County Road 306). Then run northerly and easterly along Tallent Store Road (County Road 306) to its intersec tion with the Schley-Sumter County line. Then run north and west along the SchleySumter County line to the Marion-Sumter County line. Then run southerly along the Marion-Sumter County line to its intersection with the north county line of Webster County. Then run southerly along the Webster-Sumter County line to its intersection with the run of Kinchafoonee Creek (which is also the boundary line between Sumter County and Terrell County). Then run southeasterly along the run of Kinchafoonee Creek (along the boundary line between Terrell County and Sumter County) to its inter
section with the west boundary line of Lee County. Then run northerly along the west

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boundary line of Lee County to its intersection with the north boundary line of Lee County which divides Lee and Sumter County (the Lee-Sumter County line). Then run east along the Lee-Sumter County line to U.S. Highway 19 (State Route 3) and the point of beginning of EDUCATION DISTRICT NUMBER 7.
Education District 8:
Begin at the intersection of U.S. Highway 280 and State Route 27 in the City of Americus and run southeasterly along U.S. Highway 280 to its intersection with Felder Street. Then run westerly along Felder Street to its intersection with the run of Willet's Branch. Then follow the run of Willet's Branch to where it empties into Murphy's Mill Pond. Then run along the center of Murphy's Mill Pond to where Murphy's Mill Pond is divided by Murphy's Mill Road (County Road 147). Then run northerly and westerly along Murphy's Mill Road (County Road 147) to its intersection with South Lee Street Road (County Road 237). Then run southerly along the South Lee Street Road (County Road 237) to its intersection with the run of Murphy's Mill Creek. Then run southerly and westerly along the run of Murphy's Mill Creek until it intersects with the run of Muckalee Creek (which is also the city limit line of the City of Americus). Then run northwesterly along the run of Muckalee Creek and the southwesterly boundary of the City of Americus to its intersection with a railroad (Central of Georgia Railroad). Then run northerly along said railroad to where said railroad intersects with Valley Drive. Then run in a northerly direction along said railroad until said railroad again intersects with the city limit line of the City of Americus. Then run northwesterly along the city limits of Americus to its intersection with West Church Street. Then continue in a nor therly direction along the city limits of the City of Americus to its intersection with State Route 30. Then run in a westerly direction along State Route 30 to its intersection with Young's Mill Road (County Road 21). Then run westerly along Young's Mill Road (County Road 21) to its intersection with State Route 45. Then run south along State Route 45 to its intersection with Green Store Road (County Road 81). Then run easterly and southerly along Green Store Road (County Road 81) to its intersection with U.S. Highway 280. Then run easterly along U.S. Highway 280 to its intersection with New Point Church Road (County Road 29). Then run southerly along New Point Church Road (County Road 29) to its intersection with Salter's Mill Road (County Road 37). Then run easterly along Salter's Mill Road (County Road 37) to its intersection with Arch Helms Road (County Road 3). Then run southerly and easterly along Arch Helms Road (County Road 3) to its intersection with Sam Rodgers Road (County Road 2). Then run southerly along Sam Rodgers Road (County Road 2) to its intersection with Croxton Cross Road (County Road 303). Then run easterly along the Croxton Cross Road (County Road 303) to its intersection with U.S. Highway 19. Then run northerly along U.S. Highway 19 to its intersection with the run of Bear Branch. Then run in a southeasterly direction along the run of Bear Branch to its intersection with the run of Muckalee Creek. Then run southerly and easterly along the run of Muckalee Creek to its intersection with Philema Creek. Then run northeasterly along the run of Philema Creek (and through Philema Creek) to its intersection with U.S. Highway 280. Then run southeasterly along U.S. Highway 280 to its intersection with Peanut Club Road (County Road 108). Then run easterly along Peanut Club Road (County Road 108) to its inter section with State Route 195. Then run northerly along State Route 195 to its intersec tion with the run of Lime Creek. Then run northerly and westerly along the run of Lime Creek (and through Brown's Mill Pond) to its intersection with Middle River Road (County Road 300). Then run westerly along the Middle River Road (County Road 300) to its intersection with Packing House Road (County Road 184). Then run southerly along Packing House Road (County Road 184) to its intersection with State Route 27. Then run westerly along State Route 27 to its intersection with U.S. Highway 280 and the point of beginning of EDUCATION DISTRICT NUMBER 8.
Education District 9:
Begin at the intersection of State Route 27 (Vienna Highway) and the Flint River on the eastern boundary of Sumter County and follow the Flint River in a northerly direc tion to its intersection with the Macon-Sumter County line. Then follow the Macon-
Sumter County line northerly and westerly to its intersection with the easterly boundary

WEDNESDAY, FEBRUARY 3, 1988

575

line of Schley County (which is also a portion of the boundary line between Schley County and Sumter County). Then run southerly, westerly, northerly and westerly along the Schley-Sumter County line to its intersection with U.S. Highway 19 (State Route 3). Then run southerly along U.S. Highway 19 (State Route 3) to its intersection with Tallent Store Road (County Road 306).Then run westerly and southerly along Tallent Store Road (County Road 306) to its intersection with State Route 30 (Friendship Road). Then run southeasterly along State Route 30 (Friendship Road) to its intersec tion with Armory Drive. Then run northerly along Armory Drive to its intersection with Maple Street. Then run westerly along Maple Street to its intersection with Hickory Drive. Then run northerly along Hickory Drive to its intersection with Patton Drive. Then run westerly along Patton Drive to its intersection with Morris Drive, which is where the city limits of Americus turn northward. Then run northerly along Morris Drive and the City of Americus city limits to the first point where the city limits line of the City of Americus turns and runs in an easterly direction. Then turn east and run along the city limit line until its intersection with the water line of Lake Collins. Then turn north and run along the City of Americus city limits to a point along the Lake Collins water line which is due west of the end of Lakeshore Drive. From said point, run due east to the end of Lakeshore Drive. Then run easterly and southerly along Lakeshore Drive to a point which is 1,378.5 feet in a westerly direction from the inter section of lakeshore Drive and U.S. Highway 19. Then run north 32 degrees 57 minutes west a distance of 393.25 feet. Then run north 88 degrees 15 minutes east 402.4 feet. Then run south 32 degrees 57 minutes east a distance of 155.8 feet to the right of way of Lakeshore Drive. Then run easterly along Lakeshore Drive to its intersection with U.S. Highway 19 (State Route 3). Then run southerly along U.S. Highway 19 (State Route 3) to its intersection with Mary Blount Drive. Then run easterly along Mary Blount Drive to the city limit line of the City of Americus (also the west boundary of a public housing project). Then run northerly and easterly along the city limit line to Pine Street (Roney Street ends at this point). Then run northerly along Pine Street to its intersection with Pecan Road. Then run easterly along Pecan Road to its intersection with Sunset Drive. Then run southerly and easterly along Sunset Drive to its intersec tion with the Bumphead Road (County Road 309). Then run southerly along the Bumphead Road (County Road 309) to the Southerfield Road/Rucker Street (Northside Drive) intersection. Then run northeasterly along the Southerfield Road (Andersonville Road) to its intersection with North Mayo Street. Then run southerly along North Mayo Street (which is also along the city limit line of the City of Americus) to a point along North Mayo Street where the city limit line turns east and runs southeast. At such point, turn east and run southeast along the city limit line of the City of Americus to the Central of Georgia Railroad tracks. Then follow the city limit line of the City of Americus northerly, southerly and easterly to its intersection with State Route 49 (Macon Road). Then run northeasterly along State Route 49 (Macon Road) to its inter section with Dogwood Hills Road. Then run southerly and easterly along Dogwood Hills Road to its intersection with the Middle River Road (County Road 300). Then run east erly along the Middle River Road (County Road 300) to its intersection with the run of Lime Creek. Then turn north and follow the run of Lime Creek in a northwesterly direction to its intersection with the Upper River Road (County Road 296). Then run easterly along the Upper River Road (County Road 296) to its intersection with State Route 195. Then run southerly along State Route 195 to its intersection with the Middle River Road. Then run easterly and southerly along the Middle River Road to its inter section with Georgia Highway 27 (Vienna Road). Then run easterly along State Route 27 (Vienna Road) to its intersection with the Flint River and the point of beginning of EDUCATION DISTRICT NUMBER 9.
(b) Any reference in subsection (a) of this section to the city limits of the City of Americus shall mean the city limits as such existed on July 10, 1985.
Section 4. (a) The first members of the board of education shall be elected at the general election held in November, 1988. The five members elected from Education Dis tricts 1, 3, 5, 7, and 9 shall take office on July 1, 1989, and shall serve for initial terms

576

JOURNAL OF THE HOUSE,

which shall expire on December 31, 1992, and when their successors are elected and quali fied. The four members elected from Education Districts 2, 4, 6, and 8 shall take office on July 1, 1989, and shall serve for initial terms which shall expire on December 31, 1990, and when their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Any member of the board of education shall be eligible to succeed himself.
(b) All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 5. In the event a vacancy occurs on the board of education for any reason other than expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he repre sents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled.
Section 6. The members of the Board of Education of the Sumter County Public School System shall elect annually one of their number to serve as chairman of the board.
Section 7. The members of the board of education shall be compensated by an amount equal to that provided by Code Section 20-2-55 of the O.C.G.A.
Section 8. The Board of Education for the Sumter County Public School System created by this Act shall be the successor to the board of education of the county school system of Sumter County and the board of education of the independent school system of the City of Americus and shall, except as provided in this Act, be subject to all con stitutional and statutory provisions relating to county boards of education.
Section 9. The Board of Education for the Sumter County Public School System shall appoint the school superintendent for such system who shall serve at the pleasure of the board. The superintendent shall, except as provided in this Act, be subject to all constitutional and statutory provisions relating to superintendents of county school sys tems.
Section 10. All employees of the county school system of Sumter County and the independent school system of the City of Americus shall have the same employment rights in the system created by this Act as they hold under constitutional and statutory provi sions of the State of Georgia.
Section 11. Effective July 1, 1989, all property and facilities and all assets, debts, and obligations, except as provided in Section 12 of this Act, of the county school system of Sumter County and the independent school system of the City of Americus shall be transferred to the Sumter County Public School System and shall become the property and facilities and the assets, debts, and obligations of the Sumter County Public School System.
Section 12. (a) Outstanding bonded indebtedness of the county school system of Sumter County and outstanding bonded indebtedness of the independent school system of the City of Americus shall not be transferred to and shall not become obligations of the Sumter County Public School System.
(b) Bonds issued by the independent school system of the City of Americus shall remain obligations of the taxpayers of the City of Americus as it shall exist on June 30, 1989, and no property in Sumter County outside of the corporate limits of the City of Americus shall be liable to taxation for the payment of the bonded indebtedness incurred by the independent school system of the City of Americus prior to July 1, 1989. Each year the city shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon.

WEDNESDAY, FEBRUARY 3, 1988

577

(c) Bonds issued by the county school system of Sumter County shall remain obli gations of the taxpayers of Sumter County School District as it shall exist on June 30, 1989, and no property in the City of Americus shall be liable to taxation for the payment of the bonded indebtedness incurred by the county school system of Sumter County prior to July 1, 1989. Each year the county shall levy and collect such tax as may be necessary to provide for the retirement of the bonds and for paying the principal thereof and the interest thereon.

Section 13. The board of education of the county school system in Sumter County and the board of education of the independent school system in the City of Americus shall continue to control and manage their respective school systems until June 30, 1989. Effec tive July 1, 1989, the county school system in Sumter County, the board of education of such school system, and the position of school superintendent for such system and the independent school system in the City of Americus, the board of education of such system, and the position of school superintendent for such system shall stand abolished, and the terms of office of the members of such boards shall expire.

Section 14. No elections shall be held to fill any positions on the board of education of the county school system in Sumter County as such system exists on the effective day of this Act. Members of the board of education of the county school system whose current terms expire December 31, 1988, shall continue to serve until July 1, 1989.

Section 15. Not less than 15 nor more than 30 days after the earliest date on which the special election provided for in this section may lawfully be called under the federal Voting Rights Act of 1965, it shall be the duty of the election superintendent for Sumter County and the election superintendent for the City of Americus to simultaneously issue the call for elections to be held on the same date for the purpose of submitting this Act separately to the electors of the Sumter County School District and to the electors of the City of Americus School District for approval or rejection. The election superintendents shall set the date of such elections for the same day not less than 30 days after the date of the issuance of the call. The election superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Sumter County and the City of Americus. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act creating the Sumter County Public School System and the board of education for the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independent school system of the City of Americus and providing for other matters relative thereto be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast in the Sumter County School District and if more than one-half of the votes cast in the City of Americus School District are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such elections shall be borne by Sumter County and the City of Americus. It shall be the duty of the election superintendents to hold and conduct such elections. It shall be their further duty to certify the result thereof to the Secretary of State.

Section 16. 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.

578

JOURNAL OF THE HOUSE,

HB 1551. By Representative Royal of the 144th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solic itor 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 1555. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale 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 1560. By Representative Waldrep of the 80th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to change the terms of the members of the board of commis sioners; to provide for staggered terms.

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

By unanimous consent, HB 1560 was ordered immediately transmitted to the Senate.

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

HB 1511. By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Secur ity Act.

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

WEDNESDAY, FEBRUARY 3, 1988

579

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
Bailey Balkcom Y Bannister Y Bargeron
Y Barnett,B
Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L
Colbert

Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings,M 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 Banner Y Harris
Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Holmes Y Hooks Y Hudson
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 Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Orrock
Y Padgett Pannell
YParham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips
Y 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
Richardson Y Ricketson
Robinson Y Royal Y Selman Y Shepard
Sherrod Y Simpson Y Sinkfield

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

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

HB 1556.

By Representatives Selman of the 32nd, Couch of the 40th and Lane of the 27th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Anno tated, relating to the maximum amount of insurance that a farmers' mutual fire insurance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk.

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
Bailey Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett.M

YBeck Y Benefield YBenn
Y Birdsong Bishop
Y Bostick
Y Branch Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers
Y Clark,B Y Clark.H Y Clark.L
Colbert
Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford

Y Crosby Y Cummings,B
Cummings,M
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 Hanner Y Harris
Hasty Y Heard Y Hensley

580

JOURNAL OF THE HOUSE,

Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson
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 Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milted Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock

Y Padgett Pannell
Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips Y 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
Richardson

Y Ricketson Robinson
Y Royal Y Selman
Y Shepard 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 Thomas.C Thomas.M
Y Thompson

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

On the passage of the Bill, the ayes were 146, 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 565. By Senator Dawkins of the 45th:
A bill to amend an Act creating the State Court of Rockdale County so as to change the provisions relating to terms of court; to change the provisions relating to the transaction of business; to provide that prosecution for viola tions of ordinances may be upon citation as well as by accusation under cer tain circumstances; to provide an effective date.

SB 566. By Senator Dawkins of the 45th:
A bill to create the Conyers-Rockdale County Charter Commission; to pro vide for a short title; to provide for definitions; to provide for the appoint ment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission.

HB 1236. By Representative Watts of the 41st: A bill to provide for a new charter for the City of Dallas in Paulding County.

HB 1341. By Representative Oliver of the 121st: A bill to recreate and establish the Board of Commissioners of Long County.

SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses under the "Quality Basic Education Act," so as 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.

WEDNESDAY, FEBRUARY 3, 1988

581

SB 393. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Pro tection Act"; to provide a system of regulation of and permitting for landdisturbing activities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent.

SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Anno tated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted applica tion for an absentee ballot as a change of address notification.

SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Anno tated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relating to change of residence of an elector by remov ing the requirement that a change of address be made under oath.

SB 405. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration; to amend Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for municipal elections, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration.

SB 407. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the requirement that a person making application for an absentee bal lot on behalf of an elector residing temporarily out of the county or a physi cally disabled elector residing within the county be 18 years of age or older.

SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Anno tated, relating to persons ineligible to hold civil office, so as to provide that municipalities may by charter provide for lesser residency requirements to hold nonjudicial municipal offices.

SB 414. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to extend the time within which certain absentee registration cards shall be considered as applications for absentee ballots from 90 to 180 days prior to a primary or election.

582

JOURNAL OF THE HOUSE,

SB 463. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers in this state; to provide that such peri odic cost-of-living adjustments to the minimum annual salaries of the con stitutional county officers shall be based on cost-of-living adjustments received by employees in the classified service of the state merit system.

SB 485. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill 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 procedures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner.

HB 1223.

By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 28-4-3 of the Official Code of Georgia Anno tated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.

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

SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Development Commissions.

SR 300. By Senators Crumbley of the 17th, Barnes of the 33rd, Garner of the 30th and others:
A resolution creating the Commission on Criminal Sanctions and Correc tional Facilities.

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 mem bers of the United States Congress.

HR 666. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution commending the Morrow High School varsity football team and inviting Coach Bud Theodocion to appear before the House of Representa tives.

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

WEDNESDAY, FEBRUARY 3, 1988

583

HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th, Hasty of the 8th, Lane of the 27th and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for contracts for the doing of any public work.

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

HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change the compensation of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.

HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in general, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other similar entities of the executive and judicial branches.

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

SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses under the "Quality Basic Education Act," so as 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.
Referred to the Committee on Education.

SB 393. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Pro tection Act"; to provide a system of regulation of and permitting for landdisturbing activities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent.
Referred to the Committee on Natural Resources & Environment.

584

JOURNAL OP THE HOUSE,

SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Anno tated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted applica tion for an absentee ballot as a change of address notification.
Referred to the Committee on Governmental Affairs.

SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Anno tated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relating to change of residence of an elector by remov ing the requirement that a change of address be made under oath.
Referred to the Committee on Governmental Affairs.

SB 405. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration; to amend Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for municipal elections, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration.
Referred to the Committee on Governmental Affairs.

SB 407. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the requirement that a person making application for an absentee bal lot on behalf of an elector residing temporarily out of the county or a physi cally disabled elector residing within the county be 18 years of age or older.
Referred to the Committee on Governmental Affairs.

SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Anno tated, relating to persons ineligible to hold civil office, so as to provide that municipalities may by charter provide for lesser residency requirements to hold nonjudicial municipal offices.
Referred to the Committee on Governmental Affairs.

SB 414. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to extend the time within which certain absentee registration cards shall be considered as applications for absentee ballots from 90 to 180 days prior to a primary or election.
Referred to the Committee on Governmental Affairs.

WEDNESDAY, FEBRUARY 3, 1988

585

SB 463. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers in this state; to provide that such peri odic cost-of-living adjustments to the minimum annual salaries of the con stitutional county officers shall be based on cost-of-living adjustments received by employees in the classified service of the state merit system.
Referred to the Committee on Appropriations.

SB 485. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill 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 procedures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner.
Referred to the Committee on Ways & Means.

SB 565. By Senator Dawkins of the 45th:
A bill to amend an Act creating the State Court of Rockdale County so as to change the provisions relating to terms of court; to change the provisions relating to the transaction of business; to provide that prosecution for viola tions of ordinances may be upon citation as well as by accusation under cer tain circumstances; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 566. By Senator Dawkins of the 45th:
A bill to create the Conyers-Rockdale County Charter Commission; to pro vide for a short title; to provide for definitions; to provide for the appoint ment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Development Commissions.
Referred to the Committee on Rules.

SR 300. By Senators Crumbley of the 17th, Barnes of the 33rd, Garner of the 30th and others:
A resolution creating the Commission on Criminal Sanctions and Correc tional Facilities.
Referred to the Committee on State Institutions & Property.

Representative Ramsey of the 3rd moved that the House reconsider its action in failing to give the requisite two-thirds constitutional majority to the following Resolution of the House:

586

JOURNAL OF THE HOUSE,

HR 12. By Representative Ramsey of the 3rd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for sources of revenue other than ad valorem taxes for local school systems.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 104, nays 41. The motion prevailed.

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

HR 726. By Representative Richardson of the 52nd:
A resolution commending the Georgia State University College of Law moot court team and inviting the team to appear before the House of Representa tives.

HR 727. By Representatives Pinkston of the 100th, Hooks of the 116th, Groover of the 99th, Murphy of the 18th, Buford of the 103rd and others:
A resolution congratulating Mercer University and commending President R. Kirby Godsey; inviting him to appear before the House of Representatives.

HR 728. By Representative Sizemore of the 136th:
A resolution commending the Worth County High School "Rams" football team and inviting Coach Milt Miller to appear before the House of Repre sentatives.

WEDNESDAY, FEBRUARY 3, 1988

587

HR 729. By Representative Lane of the 27th:
A resolution inviting Mr. Gary Wright and Mr. Eric Stipe to appear before the House of Representatives.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 704. By Representatives Dunn of the 73rd, Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th and others:
A resolution inviting Charlotte Shelton to the House of Representatives; recognizing and congratulating her for her selection as the 1988 Peach Bowl Queen and her many other accomplishments.

HR 719. By Representatives Buford of the 103rd, Groover of the 99th and Randall of the 101st:
A resolution commending the Honorable Lee Robinson, Mr. Buckner Melton, Ms. Carolyn Crayton, Mr. Donnie Wayne Churchwell, and Mr. Jim Marshall and inviting them to appear before the House of Representatives.

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

HB 1470.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions and motor vehicles and traffic, so as to provide a definition for all-terrain vehicles; to exclude mopeds and all-terrain vehicles for the definition of motorcycles.

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
Barnett,B Y Barnett,M Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch
Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell

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

Y Foster
Y Galer Godbee
Y Goodwin Y Green
Y Greene Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty 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 Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock 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

588

JOURNAL OF THE HOUSE,

Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y 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
Thompson
Y Thurmond Tolbert
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 Wilder
Y Williams.B
Y Williams.J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1468.

By Representative Jackson of the 9th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate all-terrain vehicles on any public road.

The following amendment was read and lost:

Representative Smith of the 152nd moves to amend HB 1468 as follows:
On line 20, page 1, strike "public road or highway" and insert "road or highway which is part of the State or Federal Highway 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 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 Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick
Y Branch Y Brooks
Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L Y Colbert

Coleman Colwell
Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M Y Dixon Y Dobbs N Dover YDunn 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 Manner
Y Harris Y Hasty 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 N Lane.R Y Langford
Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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 Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard
Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith.P N Smith.T
Y Smith.W Y Smyre
YSnow Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert 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
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

WEDNESDAY, FEBRUARY 3, 1988

589

On the passage of the Bill, the ayes were 158, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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

HB 1206.

By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th and Johnson of the 123rd:
A bill to provide for a homestead exemption of $30,000.00 from all City of Savannah ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $10,000.00.

The following Senate amendment was read:

Amend HB 1206 by striking from lines 5 and 17 of page 1 and from line 21 of page 3 the following:
"$10,000.00", and inserting in lieu thereof the following:
"$11,500.00".

Representative Hamilton of the 124th moved that the House agree to the Senate amendment to HB 1206.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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

HB 1217.

By Representatives Childers of the 15th, Richardson of the 52nd, Selman of the 32nd, McKelvey of the 15th and Smith of the 16th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care program for disabled adults; to provide a short title.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1217 by adding at the end of line 16 of page 2 after the following:
"Services",
the following:
", in conjunction with the Statewide Independent Living Council and other appointed disabled users of attendant care services,".

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

590

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1496.

By Representatives Kilgore of the 42nd, Harris of the 84th, Watson of the 114th and Watts of the 41st:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Anno tated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 549. By Representatives Triplett of the 128th, Murphy of the 18th, Floyd of the 154th and Dixon of the 151st:
A resolution designating the Kenneth McCarthy Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 97, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 570. By Representatives Reaves of the 147th, Sherrod of the 143rd, Balkcom of the 140th, Royal of the 144th, Greene of the 130th and others:
A resolution urging the Congress of the United States to amend federal laws relating to motor fuel taxes on nongasoline fuels used by farmers for off-road uses.

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

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

Bishop Y Bostick
Y Branch Y Brooks
Y Brown Y Buck Y Buford
Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch
Y Cox Y Crawford Y Crosby
Y Cummings.B Cummings.M
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 Hanner Y Harris Y Hasty 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

WEDNESDAY, FEBRUARY 3, 1988

591

Y Under
Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows
Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver ,M 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
YRay Y Reaves
Redding Y Richardson Y Ricketson 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
Y Snow Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend
Y Triplet!

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

On the adoption of the Resolution, the ayes were 159, nays U.

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

HB 1396. By Representative Alien of the 127th:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Anno tated, relating to motions for a new trial, so as to provide that where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court shall, except in cases where the death penalty is imposed, grant an extension of time of at least 90 days for the preparation and filing of the transcript.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HR 578. By Representatives Colwell of the 4th, McCoy of the 1st, Foster of the 6th and Snow of the 1st:
A resolution authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company).

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 108, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 591. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.

592

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 108, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 620. By Representatives Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th, McCoy of the 1st and others:
A resolution designating the Forest Hays, Jr., Correctional Institution.

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
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
Brooks Y Brown YBuck
Y Buford YByrd
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L Y Colbert

Y Coleman
Y Colwell Connell Couch
YCox
Y Crawford Y Crosby Y Cummings.B
Cummings,M 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
Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty 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 McCoy McDonald
Y McKelvey
McKinney Y Meadows
YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson 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
Y Snow Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert 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 Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1391. By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to change the amount of unpaid judgments below which postjudgment interrogatories may be propounded; to provide for a fee for hearing an application for the issuance of a bad check citation.

WEDNESDAY, FEBRUARY 3, 1988

593

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

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y 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 Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Y Clark,B Clark.H
Y Clark.L Y Colbert

Y Coleman Colwell Connell Couch
YCox Crawford
Y Crosby Y Cummings.B
Cummings,M 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
Greer Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty 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 Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Moody Y Moore
Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M 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 YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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
Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
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 Y Wilson
Wood Y Workman Y Yeargin
Murphy ,Spkr

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

HB 1239.

By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Childers of the 15th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Anno tated, relating to administrative hearings and appeals by the Board of Medi cal Assistance, so as to authorize the commissioner of medical assistance to remand, reverse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals proce dures for applicants for and recipients of medical assistance.

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

Y Aaron Y Adams.G
Adams,M Aiken Y Alford Alien Y Athon Y Atkins

Y Bailey Balkcom
Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield

YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Brooks
Brown YBuck

Y Buford Byrd
Y Carrell Y Carter Y Chambles
Chance Y Cheeks Y Childers

Y Clark.B Clark.H
Y Clark,L Y Colbert Y Coleman Y Colwell
Connell Couch

594

JOURNAL OF THE HOUSE,

Y Cox Crawford
Y Crosby Y Cummings.B
Cummings,M 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
Greene Greer Y Gresham Y Griffin Y Groover Y Hamilton Hanner Y Harris Y Hasty

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
Lord Lucas Y Lupton Y Mangum

Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
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 Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
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 Tolbert 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
Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

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

HB 1371.

By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to create the Commission of Children and Youth.

The following amendments were read and adopted:

The Committee on Health and Ecology moves to amend HB 1371 by striking from line 23 on page 2 the following:
"Twenty-three",
and inserting in lieu thereof:
"Twenty-five".
By inserting on line 11 of page 3 immediately following "Senate Children and Youth Committee," the following:
"the chairman of the Senate Human Resources Committee, the chairman of the House Health and Ecology Committee,".

By adding before the period on line 4 of page 4 the following:
", but no member of the commission may be reimbursed for any mileage, transporta tion, or daily expense allowance in an amount greater than that authorized by law for such allowances for members of the General Assembly".

Representative Smyre of the 92nd moves to amend HB 1371 by striking from line 23 on page 2 the following:

WEDNESDAY, FEBRUARY 3, 1988

595

"Twenty-three",
and inserting in lieu thereof: "Twenty-five",
and by inserting on line 11 of page 3 immediately following "Senate Children and Youth Committee," the following:
"the chairman of the Senate Human Resources Committee, the chairman of the House Health and Ecology Committee,".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

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

Y Coleman Y Colwell
Connell Y Couch YCox
Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.G
Davis.M Y Dixon YDobbs Y Dover YDunn
Edwards Y Felton Y Floyd Y Foster YGaler
YGodbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty 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
Lord Lucas Y Lupton
Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore YMorton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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
Reaves Y Redding Y Richardson
Ricketson Y Robinson 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 YSmyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep Y Walker.C
Y Walker,L Y Wall
Ware Watson Y Watts Y White Wilder Y Williams,B Y Williams^J Y Wilson Y Wood Workman Y Yeargin Murphy,Spkr

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

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 1231.

By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to civil actions in general, so as to provide that a court of record may, under the doctrine of forum non conveniens, decline to exercise jurisdiction over a civil action brought by a person who is not a resident of this state upon a cause of action originating outside of this state.

596

JOURNAL OF THE HOUSE,

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

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

Coleman Y Colwell
Connell Y Couch
YCox Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs 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 Hanner
Y Harris Y Hasty 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
Lord Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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 Y Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson 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
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C
Y Walker.L Y Wall
Y Ware Watson Watts
Y White Y Wilder Y Williams.B Y Williams,J
Wilson
Y Wood Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on State Planning and Community Affairs:

SB 423. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to define certain terms; to provide for the effect of personal service contracts between athletes and owners or prospective owners of professional sports teams; to provide for the registration of athlete agents.

Representative Shepard of the 71st submitted the following memorandum:
February 3, 1988
Representative Shepard of the 71st wishes to be excused from the afternoon session and all Committee meetings this afternoon so that I may attend the funeral of former Legislator Clifford Cranford today at 1:30 P.M.

WEDNESDAY, FEBRUARY 3, 1988

597

I wish this to be duly noted in the Journal.

/a/ N. Shepard

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

598

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 732. By Representative Bannister of the 62nd: A resolution commending Chief Ronald Houck.
HR 733. By Representatives Buck of the 95th, Robinson of the 96th, Moultrie of the 93rd, Galer of the 97th, Smyre of the 92nd and others: A resolution commending Honorable John H. Land.
HR 734. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Wall of the 61st and Pittman of the 60th: A resolution commending Robert D. Fowler.
HR 735. By Representative Mobley of the 64th: A resolution commending Lynn Berry.
HR 736. By Representative Carrell of the 65th: A resolution commending Robert Alan Mitchell.
HR 737. By Representative Oliver of the 121st: A resolution commending Charlie Rowland.
HR 738. By Representatives Johnson of the 123rd, Kilgore of the 42nd, Reaves of the 147th, Lee of the 72nd, Couch of the 40th and others: A resolution relative to the "Good Eating in Georgia" menu.
HR 739. By Representatives Buck of the 95th, Stancil of the 66th, Connell of the 87th, Childers of the 15th, Adams of the 79th and others: A resolution expressing tribute to Donald E. Payton.
HR 740. By Representatives Buck of the 95th, Lane of the lllth, Lupton of the 25th, Clark of the 20th, Cheeks of the 89th and others: A resolution commending Marie W. Dodd for her distinguished service as a member of the Board of Regents of the University System of Georgia.
HR 741. By Representative Mobley of the 64th: A resolution commending Honorable Thomas W. Bell.
HR 742. By Representatives Cheeks of the 89th and Rainey of the 135th: A resolution relative to waterfowl hunting license reciprocity with the State of South Carolina.

WEDNESDAY, FEBRUARY 3, 1988

599

HR 743. By Representative Adams of the 79th:
A resolution commending Mr. and Mrs. Keith Piland and their daughters, Kristin and Ashley.

HR 744. By Representatives Steinberg of the 46th, Buck of the 95th, Ramsey of the 3rd, Chambless of the 133rd, Oliver of the 53rd and others:
A resolution urging the Georgia Police Academy to develop and implement advanced training in the investigation of family and domestic violence for law enforcement personnel.

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

HR 745. By Representatives Kilgore of the 42nd, Watts of the 41st, Simpson of the 70th, Thompson of the 20th, Wilson of the 20th and others:
A resolution commending Jean Carolyn Williams; inviting Ms. Williams to appear before the House of Representatives.

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

HR 579. By Representatives Jamieson of the llth and Dover of the llth: A resolution authorizing the lease of a certain tract of state owned property.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HR 579 by add ing on line 1 of page 3, between the word "RESOLVED" and the word "BY", the follow ing:
"AND ENACTED".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1459. By Representatives Bostick of the 138th, Branch of the 137th, Sizemore of the 136th, Hudson of the 117th and Carter of the 146th:
A bill to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

600

JOURNAL OF THE HOUSE,

HB 1326.

By Representatives Lee of the 72nd and Patten of the 149th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Anno tated, relating to qualifying fees for party and public offices, so as to change the provisions relating to the distribution of qualifying fees paid to county and state political parties.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, so as to change the provisions relating to the distribution of qualifying fees paid to state political parties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, is amended by striking paragraph (2) of sub section (c) and inserting in its place a new paragraph (2) to read as follows:
"(2) Fees paid to the state political party: 66 75 percent to be retained by the state political party; 66 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the 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 trans mitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the dis trict 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 elec tors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;".
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 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 228. By Representative Hamilton of the 124th:
A bill to amend Code Section 35-3-80 of the Official Code of Georgia Anno tated, relating to definitions relative to the Missing Children Information Center, so as to change the age used in defining a missing child.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 3, 1988

601

HR 653. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd:
A resolution authorizing the release of certain restrictions and limitations on use of real property contained in the October 3, 1985, quitclaim deed from the State of Georgia to the City of Dalton, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 661. By Representatives Rainey of the 135th, Mangum of the 57th, Murphy of the 18th, Walker of the 115th, Groover of the 99th and others:
A resolution urging the United States Congress to take certain action with respect to federal excise taxation of motor fuel.

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 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1435.

By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment decisions; to provide that individual investments shall be considered as a part of an overall investment strategy.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1327.

By Representative Stephens of the 68th:
A bill to amend Code Section 44-9-40 of the Official Code of Georgia Anno tated, relating to the authority of the superior courts to grant easements for private ways, so as to change the maximum width restrictions applicable to such private ways.

Representative Walker of the 115th moved that HB 1327 be recommitted to the Committee on Special Judiciary.
The motion prevailed.

HR 585. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith.

602

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 125, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 34. By Representatives Phillips of the 120th and Patten of the 149th:

A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flammable or combustible materials or vegetation; to provide proce dures and requirements for obtaining such permit.

The following Committee substitute was read:

A BILL
To amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act," so as to require a permit for the burning of any woods, lands, marshes, or other flammable vegetation; to provide procedures and requirements for obtaining such permit; to provide an exception to the permit requirement in the event of a sudden emergency requiring a firing to render one's premises safe; to provide for an exception to the permit requirement to burn residue on cultivated crop land and for notices in connection therewith; to provide that the notice requirement or permit shall be in addition to any other notice or permit or other require ments for burning provided by law or by ordinance, resolution, or regulation of any county or municipality; to provide for penalties; to provide the circumstances under which the owners of forest land may burn over their own land; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act," is amended by striking Code Section 12-6-90, relating to notices of intention to burn woods or lands, in its entirety and substituting in lieu thereof a new Code Section 12-6-90 to read as follows:
"12-6-90. (a) Any Except as provided in subsections (b) and (c) of this Code section, any person, firm, corporation, or association otherwise lawfully entitled to burn any woods, lands, marshes, or any other flammable er combuatiblc materials vegeta tion, whether in cultivated or uncultivated areas, shall prior to such burning give notice ef the approximate time and location thereof te obtain a permit therefor from the forest ranger of the county wherein such burning is to be made or to any thef from another employee or official of the forestry unit serving such county who is authorized by the chief forester of such unit to grant such permits. An applicant for a permit shall provide the county forest ranger or other authorized employee of the forestry unit serving the county with the location and the recommended time of the proposed burn. Such information may be provided and the permit may be obtained by a telephone call to the county forest ranger or to another authorized employee of the forestry unit serving the county. The permit shall be given by providing the applicant therefor with a permit number which will grant permission for a controlled burn to take place at the location specified by the applicant at a time approved by the county forest ranger or by the other authorized employee of the forestry unit serving the county.

WEDNESDAY, FEBRUARY 3, 1988

603

(b) Such notice need net be given if; en It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section if a sudden emergency; due caution requires a firing in order to render one's premises safe, bat; in In any prose cution under this Code section, such at a necessary firing in a sudden emergency shall constitute an affirmative defense, but the burden of proving which such necessity shall rest upon the person asserting it as a defense.
(c) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section to burn residue on cultivated crop land if the person, firm, corpora tion, or association intending to burn such residue shall, prior to such burning, give notice of the approximate time and location thereof to the forest ranger of the county wherein such burning is to be made or to an employee of the forestry unit serving such county who is authorized to grant permits under subsection (a) of this Code section.
{e> (d) The notice or permit required by this Code section shall be in addition to any other notice ef or permit or other requirement for burning required provided for by law or by ordinance, resolution, or regulation of any county or municipality of this state.
(d) (e) Any person who fails to give any notice required in this Code section by sub section (c) of this Code section or who makes a burn described by subsection (a) of this Code section without obtaining the permit required by said subsection shall be guilty of a misdemeanor."
Section 2. Said part is further amended by striking Code Section 12-6-91, relating to the owners of forest land burning over their own land, in its entirety and substituting in lieu thereof a new Code Section 12-6-91 to read as follows:
l^~b~yi. iNOtfiin^ in this pflpt stidll oe construed ds limiting OP restricting Unless prohibited by the director of the State Forestry Commission pursuant to the provisions of Code Section 12-6-17, the owners of any forest land front may accomplish controlled burning over their own land; provided that when a permit therefor is obtained pursuant to the requirements of Code Section 12-6-90 and the fire is not allowed to spread onto or over the land of another or others."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Walker of the 115th, Groover of the 99th and Coleman of the 118th move to amend the Committee substitute to HB 34 as follows:
By adding a new subparagraph (f) between lines 21 and 22 on page 3 to read as fol lows:
"The failure to acquire and have a permit as required in this Code Section or the fail ure to give notice as required in this Code Section shall not be admissible in evidence in any civil action for damages alleged to result from such burning."

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 YAdams,M Y Aiken
Y Alford Alien
Y Athon

N Atkins
Y Bailey Y Balkcom N Bannister
N Bargeron Y Barnett.B N Barnett,M

Y Beck
Y Benefleld Y Benn N Birdsong
Bishop N Bostick Y Branch

Y Brooks
Y Brown Y Buck Y Buford
N Byrd Carrell
Y Carter

Chambless
Y Chance Y Cheeks N Childers
N Clark.B Y Clark.H N Clark.L

604

JOURNAL OF THE HOUSE,

N Colbert Y Coleman Y Colwell Y Connell
N Couch NCox Y Crawford N Crosby Y Cummings.B Y Cummings.M Y Davis,G N Davis.M
Dixon Dobbs N Dover Dunn N Edwards Felton Y Floyd N Foster Y Galer
Y Godbee N Goodwin
Green N Greene Y Greer Y Gresham N Griffin Y Groover

Y Hamilton Manner
N Harris
N Hasty Y Heard N Hensley Y Herbert Y Holcomb N Holmes Y Hooks N Hudson Y Isakson Y Jackson,J N Jackson, W Y Jamieson Y Johnson.D Y Johnson.R N Kilgore
N Kingston N Lane.D N Lane.R Y Langford N Lawler N Lawrence N Lawson YLee N Linder
YLong Lord

Lucas N Lupton Y Mangum Y Martin
N McCoy Y McDonald N McKelvey N McKinney N Meadows N Milam
Milford Y Mobley
Y Moody Y Moore Y Morton N Mostiler Y Moultrie N Mueller N Oliver.C Y Oliver.M Y Orrock N Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips

Pinks ton N Pittman Y Porter N Powell N Prichard
N Rainey Ramsey.T
Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves
Redding
Y Richardson N Ricketson Y Robinson N Royal N Selman
Shepard N Sherrod N Simpson
Sinkfield N Sizemore N Smith.L
Smith.P Smith.T Y Smith, W Smyre N Snow

Y Stancil N Stanley Y Steinberg
Y Stephens N Thomas.C N Thomas.M N Thompson
Y Thurmond N Tolbert N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L N Wall N Ware Y Watson
Y Watts N White Y Wilder Y Williams.B
Williams,J N Wilson Y Wood N Workman N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 87, nays 69.
The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost.

Representative Patten of the 149th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority
to HB 34, by substitute, as amended.

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

HB 1454.

By Representative Randall of the 101st:
A bill to amend Code Section 43-3-38 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Accountancy, so as to continue that board but provide for the later termination of the board and the repeal of the laws relating thereto.

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

Y Aaron Y Adams.G
Y Adams.M 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 Y Birdsong
Bishop Y Bostick Y Branch
Brooks Y Brown
YBuck Y Buford YByrd
Carrell Y Carter

Y Chambless Chance
Y Cheeks Childers Clark.B
Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford

Y Crosby Y Cummings.B Y Cummings.M
Davis.G Y Davis.M Y Dixon
Dobbs Y Dover Y Dunn Y Edwards
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 Y Heard Y Hensley

WEDNESDAY, FEBRUARY 3, 1988

605

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
Lane,R
Y Langford Y Lawler Y Lawrence
Lawson YLee Y Linder
Long

YLord Lucas
Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock

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

Ricketson Y Robinson Y Royal Y Selman
Shepard Y Sherrod
Y Simpson Y Sinkfield Y Sizemore
Smith.L Smith,? 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 Tolbert 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 Y Wilson Y Wood Y Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1401.

By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Code Section 2-6-27 of the Official Code of Georgia Anno tated, relating to additional powers and duties of the State Soil and Water Conservation Committee, so as to authorize the committee to enter into cer tain contracts and agreements and to receive certain grants.

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 Y Beck Y Benefield
Benn
Y Birdsong
Bishop Y Bostick
Y Branch Y Brooks
Y Brown YBuck Y Buford YByrd
Carrell Y Carter
Chambless Chance Y Cheeks
Y Childers

Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Y Dixon Dobbs
Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster
Y Galer
Y Godbee Y Goodwin
Green Y Greene
Greer Y Gresham Y Griffin Y Groover

Hamilton
Y Hanner
Y Harris Y Hasty
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 Y Lane.D
Y Lane.R
Y Langford Y Lawler Y Lawrence Y Lawson
Lee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum

Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Peters
Y Pettit Y Phillips
Pinkston
Y Pittman Porter
Y Powell
Y Prichard Y Rainey

Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson
Ricketson
Robinson Y Royal Y Selman
Shepard
Y Sherrod
Y Simpson Y Sinkfield Y Sizemore
Y Smith.L Smith,?
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 Tolbert

606

JOURNAL OF THE HOUSE,

Y Townsend
Y Triplett
Y Twiggs Y Waddle

Y Waldrep Walker.C
Y Walker.L Y Wall

Y Ware
Watson Y Watts
White

Y Wilder Y Williams.B
Williams.J Y Wilson

Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 1456.

By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Administrative Procedure Act," so as to pro vide that in contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision.

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

HB 1402.

By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Conservation Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford

YByrd
Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B
Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Crosby
Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover

Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Banner
Y Harris Y Hasty Y Heard Y Hensley
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
Langford Y Lawler Y Lawrence
Y Lawson YLee Y Under YLong YLord
Lucas Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney
Y Meadows Y Milam
Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Peters
Y Pettit Y Phillips
Pinkston Y Pittman
Porter

WEDNESDAY, FEBRUARY 3, 1988

607

Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson

Y Ricketson Robinson
Y Royal Y Selman
Shepard Y Sherrod
Y Simpson Y Sinkfield
Y Sizemore Y Smith.L
Smith.P

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

Y Thurmond Y Tolbert
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,J Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1357. By Representative Barnett of the 10th:
A bill to amend Code Section 36-1-21 of the Official Code of Georgia Anno tated, relating to civil service systems for county employees, so as to change the provisions describing the relationship of such law to certain constitu tional amendments and laws adopted pursuant to the authority of such con stitutional amendments.

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

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y 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 Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Clark.B Clark,H
Y Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover Y 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 Y Heard Y Hensley
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 YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley
Y Moody Y Moore
Y Morton

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

Y Sizemore Y Smith.L
Smith.P
Y Smith.T Y Smith.W
Smyre YSnow
Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert 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 Y Workman Y Yeargin Murphy.Spkr

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

608

JOURNAL OF THE HOUSE,

HB 1503. By Representatives Alford of the 57th, Waddle of the 113th, Heard of the 43rd, Jamieson of the llth, Hensley of the 20th and others:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Sur veyors and provide for its later termination.

The following substitute, offered by Representative Alford of the 57th, et al, was read and adopted:

A BILL
To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to continue the State Board of Regis tration for Professional Engineers and Land Surveyors and provide for its later termina tion; to increase the number of land surveyors serving on the State Board of Registration for Professional Engineers and Land Surveyors; 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. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking Code Section 43-15-31, relating to termination, and inserting in lieu thereof a new Code Section 43-15-31 to read as follows:
"43-15-31. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Professional Engineers and Land Surveyors shall be terminated on July 1, 1988 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-15-3, relating to membership of the State Board of Registration for Professional Engineers and Land Surveyors, and substituting in lieu thereof a new subsec tion (b) to read as follows:
"(b) The board shall consist of four professional engineers, one two land surveyor surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land surveying, all of whom shall be appointed by the Governor for a term of five years. Each member of the board shall be a citizen of the United States and a resident of this state."
Section 3. This Act shall become effective July 1, 1988.
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
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
Y Birdsong Bishop
Y Bostick Y Branch
Y Brooks Y Brown Y Buck

Y Buford
Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers

Clark.B
Clark.H Y Clark,L Y Colbert Y Coleman
Y Colwell Y Connell Y Couch

WEDNESDAY, FEBRUARY 3, 1988

609

YCox
Y Crawford
Y Crosby
Y Cummings,B Y Cummings.M 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 Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty

Y Heard Y Hensley
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 Linder Y Long YLord
Lucas Y Lupton Y Mangum

Y Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y 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 Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman
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 Y Steinberg Y Stephens
Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1273. By Representatives Rainey of the 135th, Moody of the 153rd, Twiggs of the 4th, Watts of the 41st, Holcomb of the 72nd and others:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Anno tated, relating to dogs, so as to provide for the regulation of dangerous dogs.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to change a reference in the provision relating to penalties for the violation of certain laws regulating and controlling dogs; to provide for the regulation of dangerous dogs and potentially dangerous dogs; to provide for a short title; to provide for definitions; to provide for exceptions; to provide for the jurisdiction and duties of local governments in the regulation of dangerous dogs and potentially dangerous dogs; to provide for certain contracts and agreements among local governments; to provide procedures for the identifi cation of potentially dangerous dogs; provide for the registration of dangerous dogs and potentially dangerous dogs; to provide for unlawful activities in connection with register ing, owning, possessing, and maintaining a dangerous dog or a potentially dangerous dog; to provide for the confiscation of dangerous dogs and potentially dangerous dogs; to pro vide for the destruction of dangerous dogs under certain circumstances; to provide for pen alties; to provide for construction relative to other laws and local ordinances or resolutions; 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. Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by striking Code Section 4-8-7, relating to penalties for the violation of certain laws regulating and controlling dogs, in its entirety and substituting in lieu thereof a new Code Section 4-8-7 to read as follows:

610

JOURNAL OF THE HOUSE,

"4-8-7. Any person who violates any provision of this chapter article shall be guilty of a misdemeanor."
Section 2. Said chapter is further amended by designating the present provisions of said chapter, Code Sections 4-8-1 through 4-8-7, as Article 1 thereof and by adding at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
La4w-8.'-20. This article shall be known and may be cited as the 'Dangerous Dog Control
4-8-21. (a) As used in this article, the term: (1) 'Dangerous dog' means any dog that, according to the records of an appropriate
authority, has without provocation inflicted severe injury on a human being on public or private property.
(2) 'Dog control officer' means an individual selected by a local government pur suant to the provisions of subsection (c) of Code Section 4-8-22 to aid in the adminis tration and enforcement of the provisions of this article.
(3) 'Governing authority' means the governing body or official in which the legis lative powers of a local government are vested.
(4) 'Local government' means any county or municipality of this state. (5) 'Owner' means any natural person or any legal entity, including but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this state. (6) 'Potentially dangerous dog' means any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or any dog that when unprovoked:
(A) Inflicts bites on a human being on public or private property; or (B) Chases or approaches a human being upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack. (7) 'Proper enclosure' means an enclosure for keeping a dangerous dog or poten tially dangerous dog while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or struc ture shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog. (8) 'Records of an appropriate authority' means records of any state, county, or municipal law enforcement agency, records of any county or municipal animal control agency, records of any county board of health, or records of a dog control officer pro vided for in this article. (9) 'Severe injury' means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death. (b) A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. (c) In addition to the provisions of paragraph (1) of subsection (a) of this Code section, a potentially dangerous dog shall be reclassified as a dangerous dog as provided

WEDNESDAY, FEBRUARY 3, 1988

611

in subsection (b) of Code Section 4-8-23 if the dog without provocation inflicts an injury, not necessarily a severe injury, upon a human being on public or private property after the dog has been identified as a potentially dangerous dog and after the dog's owner has been notified of such identification under the procedures provided in Code section 4-8-24.
4-8-22. (a) Except as otherwise provided by subsection (b) of this Code section, a county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the ter ritory within the corporate limits of the municipality.
(b) Any county or municipality or any combination of such local governments may contract or enter into agreements with each other for joint dog control services or for the provision of dog control services required by this article and for the separate or joint use of personnel, facilities, and equipment used in the provision of such services.
(c) The governing authority of each local government shall designate an individual to carry out the duties of a dog control officer as provided in this article. One individual may carry out the duties of a dog control officer for more than one local government pursuant to a contract or agreement under subsection (b) of this Code section. The gov erning authority of a local government may assign the additional duties of dog control officer to any officer or employee of the local government who is subject to the jurisdic tion of the governing authority. With the consent of the sheriff, the governing authority of a local government may assign the additional duties of dog control officer to a county sheriff or to a sheriffs deputy. With the consent of the county board of health and the rabies control officer, the governing authority of a local government may assign the addi tional duties of dog control officer to a rabies control officer appointed under Code Section 31-19-7. A person carrying out the duties of a dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest.
(d) The governing authority of a local government may provide by ordinance or reso lution for the creation of an animal control board to hold hearings provided for in Code Section 4-8-24. If such an animal control board is created, such board may hear and determine matters provided for in Code Section 4-8-24 in the place of the governing authority of the local government. An animal control board may be created jointly by two or more local governments under the provisions of subsection (b) of this Code section.
4-8-23. (a) Except as otherwise provided by subsection (b) of this Code section, the owners of dangerous dogs are required to comply with the provisions of this article and are subject to the penalties provided by this article for a failure to comply without the necessity of any notification to such owners that they are the owners of dangerous dogs. Only for the purposes of the enforcement of the provisions of this article, each dog con trol officer shall have the duty to examine the records of appropriate authorities and make such other investigations as may be necessary to identify dangerous dogs and dangerous dog owners within the dog control officer's jurisdiction.
(b) A dog control officer shall have the duty to reclassify a potentially dangerous dog as a dangerous dog for the purpose of carrying out the provisions of subsection (c) of Code Section 4-8-21. When a potentially dangerous dog is reclassified as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such reclassification. Such notice shall be complete upon its mailing, and, thereafter, the owner of the dangerous dog shall comply with and be subject to the penalties of the provisions of this article relating to dangerous dogs.
4-8-24. (a) As applied to the owners of potentially dangerous dogs, the procedures provided for in this Code section must be carried out as a necessary condition for the enforcement of the provisions of this article against such owners.
(b) Each dog control officer shall make such investigations and inquiries as may be necessary to identify potentially dangerous dogs within the dog control officer's jurisdic tion. When a potentially dangerous dog is identified, the dog control officer shall notify the dog's owner of such identification.
(c) The notice to the owner of a potentially dangerous dog shall meet the following requirements:

612

JOURNAL OF THE HOUSE,

(1) The notice shall be in writing and mailed by certified mail to the owner's last known address;
(2) The notice shall include a summary of the dog control officer's findings that formed the basis for the dog's identification as a potentially dangerous dog;
(3) The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the dog control officer's determination that the dog is a potentially dangerous dog;
(4) The notice shall state that the hearing, if requested, shall be before the gov erning authority or the animal control board of the respective local government and shall specify the name of such governing authority or animal control board;
(5) The notice shall state that if a hearing is not requested, the dog control officer's determination that the dog is a potentially dangerous dog will become effec tive for all purposes under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and
(6) The notice shall include a form to request a hearing before the governing authority or animal control board and specific instructions on mailing or delivering such request to the governing authority or animal control board. (d) When a governing authority or animal control board receives a request for a hearing as provided in subsection (c) of this Code section, it shall schedule such hearing within 30 days after receiving the request. The governing authority or animal control
board shall notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior
to the date of the hearing. At the hearing, the owner of the dog shall be given the oppor tunity to testify and present evidence and in addition thereto the governing authority or animal control board shall receive such other evidence and hear such other testimony
as the governing authority or animal control board may find reasonably necessary to make a determination either to sustain the dog control officer's identification of the dog
as a potentially dangerous dog or to overrule the dog control officer. (e) Within ten days after the date of the hearing, the governing authority or animal
control board shall notify the dog owner in writing by certified mail of the governing
authority's or animal control board's determination on the matter. If such determination is that the dog is a potentially dangerous dog, the notice shall specify the date upon
which that determination is effective. (f) If the governing authority's or animal control board's determination is that the
dog is not a potentially dangerous dog, the dog control officer shall not identify the dog
as a potentially dangerous dog unless the dog, subsequent to such determination, is involved in conduct described in paragraph (6) of Code Section 4-8-21. In that event,
the procedures of this Code section shall again apply to the dog control officer's determination.
(g) When a dog is identified as a potentially dangerous dog under the procedures of this Code section, the owner of the dog shall comply with and be subject to the penalties
of this article relating to potentially dangerous dogs. 4-8-25. (a) It is unlawful for an owner to have or possess within this state a danger
ous dog or potentially dangerous dog without a certificate of registration issued in
accordance with the provisions of this Code section. (b) Subject to the additional requirements of subsection (c) of this Code section for
dangerous dogs, the dog control officer of a local government in which an owner pos
sesses a dangerous dog or potentially dangerous dog shall issue a certificate of registra tion to the owner of such dog if the owner presents to the dog control officer or the
dog control officer otherwise finds sufficient evidence of: (1) A proper enclosure to confine the dangerous dog or potentially dangerous dog;
and
(2) The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly visible sign warning that there is a dangerous dog on the property and containing a symbol designed to inform children of the presence of a
dangerous dog. (c) In addition to the requirements of subsection (b) of this Code section, the owner
of a dangerous dog shall present to the dog control officer evidence of:

WEDNESDAY, FEBRUARY 3, 1988

613

(1) A policy of insurance in the amount of at least $50,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or
(2) A surety bond in the amount of $50,000.00 or more issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog. (d) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the dog control officer with the name, address, and tele phone number of the new owner of the dog. (e) A dog control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article. Law enforcement agencies of local governments and the sheriffs of counties shall cooperate with dog control officers in enforcing the provisions of this article.
(f) A local government may charge an annual fee, in addition to regular dog-licensing fees, to register dangerous dogs and potentially dangerous dogs as required in this Code section. An annual fee authorized by this subsection shall be fixed by the local govern ment but shall not be less than $25.00.
4-8-26. (a) It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person.
(b) It is unlawful for the owner of a potentially dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and is under the restraint of a responsible person.
4-8-27. (a) A dangerous dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or by another person authorized by the dog con trol officer if the:
(1) Owner of the dog does not secure the liability insurance or bond required by subsection (c) of Code Section 4-8-25;
(2) Dog is not validly registered as required by Code Section 4-8-25; (3) Dog is not maintained in a proper enclosure; or (4) Dog is outside a proper enclosure in violation of subsection (a) of Code Section 4-8-26.
(b) A potentially dangerous dog shall be confiscated in the same manner as a danger ous dog if the dog is:
(1) Not validly registered as required by Code Section 4-8-25; (2) Not maintained in a proper enclosure; or (3) Outside a proper enclosure in violation of subsection (b) of Code Section 4-8-26.
4-8-28. (a) The owner of a dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose dangerous dog is subject to confis cation under subsection (a) of Code Section 4-8-27 shall be guilty of a misdemeanor of high and aggravated nature.
(b) The owner of a potentially dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose potentially dangerous dog is subject to confiscation under subsection (b) of Code Section 4-8-27 shall be guilty of a misdemeanor.
(c) If a dangerous dog of an owner with a prior conviction for a violation under this article attacks or bites a person under circumstances constituting another violation of this article, the dangerous dog's owner is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than five years or by both such fine and imprisonment.
(d) The owner of any dangerous dog that aggressively attacks and causes severe injury or death of any human under circumstances constituting a violation of this article

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JOURNAL OF THE HOUSE,

shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $10,000.00 or by imprisonment for not less than one nor more than ten years or by both such fine and imprisonment.
(e) In addition to the penalties for violations under subsection (c) or (d) of this Code section, the dangerous dog involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control officer and placed in quarantine for the proper length of time as determined by the county board of health, and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner.
4-8-29. The provisions of this article are in addition to and supplementary of any previously existing laws of this state and shall not be construed to repeal or supersede such previously existing laws. The provisions of this article shall not be construed to repeal or supersede any previously existing ordinances or resolutions of local govern ments, except to the extent that such previously existing ordinances or resolutions are in conflict or are inconsistent with the provisions of this article."
Section 3. This Act shall be effective on July 1, 1988, only for administrative pur poses to allow county and municipal governments to adopt ordinances or resolutions or take such other action as may be necessary to prepare for the enforcement of the provi sions of this Act on and after January 1, 1989. This Act shall be effective for all purposes on January 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Lawler of the 20th moves to amend the Committee substitute to HB 1273 as follows:
Add on page 3 after "attack" on line 15, a new paragraph:
"(C) Is a trained attack or guard dog."

Representative Groover of the 99th moves to amend the Committee substitute to HB 1273 as follows:
By adding before the first word in "c" and "d", page 12:
"Upon a finding that the owner knowingly and willfully failed to comply with his or her obligations provided in this Article relative to restraint, enclosure or muzzling".

Representative Mangum of the 57th moves to amend the Committee substitute to HB 1273 as follows:
Add new paragraph (f) to Code Section 4-8-28, page 13 to read:
"No dangerous dog or owner shall be held criminally liable for injuries inflicted by owner's dog or to any human being while on owner's property."

The following amendment was read and lost:

Representative Dunn of the 73rd moves to amend the Committee substitute to HB 1273 as follows:
To delete the period at the end of line 21 on page 4, and to add the following:
", or was a guest or other invitee upon the premises occupied by the owner where the premises are posted with an appropriate warning in a conspicuous location warning of the presence of the dog on the premises."

WEDNESDAY, FEBRUARY 3, 1988

615

The following amendment was read and adopted:

Representative Tolbert of the 58th moves to amend the House Committee on Game, Fish, and Recreation substitute to HB 1273 by adding following the word "dogs" on line 10 of page 1 the following:
"; to provide for the designation of courts to conduct hearings and to provide for the jurisdiction and authority of such courts".
By adding at the end of Code Section 4-8-22 following line 10 on page 6 a new subsec tion (e) to read as follows:
"(e) In lieu of conducting the hearings required by Code Section 4-8-24 or creating an animal control board for such purpose as provided in subsection (d) of this Code section, the governing authority of each local government is authorized to designate a court within the jurisdiction of such local government to conduct such hearings. Any court so designated is authorized and shall have jurisdiction to conduct such hearings and determine matters provided for in Code Section 4-8-24 in the place of the governing authority of the local government."
By adding after the word "authority" on line 28 of page 7 the following:
"or a court designated by such governing authority".
By adding after the word "authority" on line 30 of page 7, on line 10 of page 8, on line 15 of page 8, on line 22 of page 8, on line 24 of page 8, and on line 30 of page 8 the following:

By adding after the word "authority" on line 7 of page 8 and on line 11 of page 8 the following:
", court,".
By striking from lines 32 and 33 of page 8 and from lines 3 and 4 of page 9 the follow ing:
"governing authority's or animal control board's determination",
and inserting in lieu thereof the following:
"determination of the governing authority or court or animal control board".

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
Alien
Y Athon Y Atkins Y Bailey
Balkcom Y Bannister N Bargeron

Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn N Birdsong
Bishop Y Bostick Y Branch Y Brooks Y Brown Y Buck

Y Buford N Byrd
Y Carrell Y Carter
Chambless Y Chance
N Cheeks Y Childers
Clark.B Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch N Cox N Crawford
N Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis,M Y Dixon

Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene

616

JOURNAL OF THE HOUSE,

Greer Y Gresham Y Griffin Y Groover V Hamilton Y Manner Y Harris Y Hasty 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 N Long
Lord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam N Milford Y Mobley Y Moody N Moore Y Morton

Y Mostiler Y Moultrie N Mueller
Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell N Parham N Parrish N Patten Y Peters
Y Pettit Y Phillips
Pinkston Y Pittman Y Porter N Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V Y Randall N Ransom

Y Ray N Reaves
Redding Y Richardson Y Ricketson
Y Robinson N Royal Y Selman Y Shepard N Sherrod Y Simpson
N Sinkfield Y Sizemore Y Smith.L
Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C

Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend
Y Triplet! Y Twiggs
Y Waddle Y Waldrep N Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

THURSDAY, FEBRUARY 4, 1988

617

Representative Hall, Atlanta, Georgia Thursday, February 4, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Barbara King, Hillside International Truth Center, Inc., Atlanta, Georgia.
Representative Redding of the 50th asked that he be excused from this morning's session due to an urgent matter.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1612. By Representative Richardson of the 52nd: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6; Code Section 34-9-13; Title 49; Code Section 51-4-2; and Title 53, so as to delete therefrom the words "ille gitimate" and "bastard" and derivations of either and substitute words relat ing to being born out of wedlock.
Referred to the Committee on Judiciary.

618

JOURNAL OF THE HOUSE,

HB 1613. By Representatives Adams of the 79th, Buck of the 95th, Cheeks of the 89th, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to authorize the issuance of capital appreciation bonds the proceeds of which may be used by purchasers for higher education and other needs.
Referred to the Committee on University System of Georgia.

HB 1614. By Representative Sizemore of the 136th:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks with respect to elementary, second ary, etc. education, so as to provide that upon a petition being signed by at least five school superintendents recommending that a particular textbook be included on the state adopted list of textbooks, such textbook shall be included on such list unless rejected for cause and in writing by the State Board of Education.
Referred to the Committee on Education.

HB 1615. By Representatives Jackson of the 83rd, Barnett of the 10th and Lane of the lllth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforce ment agencies; to provide for the return of property used as evidence in criminal proceedings to the rightful owner of such property after final convic tion of the defendant.
Referred to the Committee on Judiciary.

HB 1616. By Representatives Isakson of the 21st, Clark of the 20th, Aiken of the 21st, Hensley of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to permit the authority to acquire, construct, own, and operate electric power generation facilities as an incidental part of waterworks projects.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1617. By Representatives Pittman of the 60th, Wall of the 61st, Goodwin of the 63rd, Bannister of the 62nd, Lawson of the 9th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 62 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1618. By Representative Mostiler of the 75th:
A bill to amend Code Section 50-20-2 of the Official Code of Georgia Anno tated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a "nonprofit contractor".
Referred to the Committee on Education.

THURSDAY, FEBRUARY 4, 1988

619

HB 1619. By Representatives Orrock of the 30th and Childers of the 15th:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Anno tated, relating to application for license to practice psychology, so as to change certain license requirements.
Referred to the Committee on Health & Ecology.

HB 1620. By Representatives Alford of the 57th, Porter of the 119th, Phillips of the 120th, Coleman of the 118th and Dobbs of the 74th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to regulate nonsewered toilet systems and require the provi sion of toilets or nonsewered toilet systems at certain work sites and special events; to provide a short title.
Referred to the Committee on Health & Ecology.

HB 1621. By Representatives Alford of the 57th, Porter of the 119th, Hensley of the 20th and Oliver of the 53rd:
A bill to amend Code Section 9-11-9.1 of the Official Code of Georgia Anno tated, relating to affidavits which must accompany complaints alleging pro fessional malpractice, so as to require affidavits in cases of professional negligence.
Referred to the Committee on Judiciary.

HB 1624. By Representatives Robinson of the 96th, Galer of the 97th, Buck of the 95th, Smyre of the 92nd and Bishop of the 94th:
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, so as to provide for the issuance of special license plates commemorating the founding of Columbus College.
Referred to the Committee on Motor Vehicles.

HR 730. By Representatives Kingston of the 125th, Triplett of the 128th, Hamilton of the 124th, Mueller of the 126th and Johnson of the 123rd:
A resolution creating the Joint Committee to Study the Proposed Exchange of Property from Skidaway Island State Park to Union Camp Corporation.
Referred to the Committee on Rules.

HR 731. By Representatives Walker of the 115th, Lee of the 72nd, Groover of the 99th, Coleman of the 118th and Colwell of the 4th:
A resolution creating the House State Offices and Facilities Study Commit tee.
Referred to the Committee on Rules.

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

620

JOURNAL OF THE HOUSE,

HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to certain state property.
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 1591 HB 1592 HB 1593 HB 1594 HB 1595 HB 1596 HB 1597
no ioyo T rTiO o
HHBB 11660010
HB 1602

HB 1623 HB 1625 HR 721 HR 723 HR 724 HR 725 SB 352
OD QQQ
co 4QO
SQBD 4A0r.4A SB 405

HHBB 11660034 HB 1606 HB 1607 HB 1608 HB 1609 HB 1610 HB 1611 HB 1622

*SB* 4J90Z8 ^B 414 bB 463 SB 485 SB 565 SB 566 SR 264 SR 300

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1597 Do Pass HB 1460 Do Pass, by Substitute HB 1596 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1243 Do Pass, by Substitute HB 1306 Do Pass, by Substitute

HB 1318 Do Pass HB 1362 Do Pass

THURSDAY, FEBRUARY 4, 1988

621

Respectfully submitted, /s/ Childers of the 15th
Chairman

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

Mr. Speaker:

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

HB 1247 Do Pass HB 1490 Do Pass HB 1491 Do Pass HB 1492 Do Pass

HB 1493 Do Pass HB 1589 Do Pass HB 1519 Do Pass, by Substitute

Respectfully submitted, /s/ Ware of the 77th
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 House and has instructed me to report the same back to the House with the following recommendations:

HB 1235 Do Pass, by Substitute HB 1301 Do Pass, by Substitute

HB 1386 Do Pass HB 1538 Do Pass, by Substitute

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

Representative Coleman of the 118th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 862 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

622

JOURNAL OF THE HOUSE,

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:

HB 1523 Do Pass HB 1436 Do Pass

HB 1255 Do Pass, as Amended SB 417 Do Pass

Respectfully submitted, /s/ Twiggs of the 4th
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 House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1389 Do Pass HB 1406 Do Pass

HB 1407 Do Pass HB 1434 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 has instructed me to report the same back to the House with the following recommendations:
HB 1569 Do Pass HB 1573 Do Pass HB 1574 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HR 590 Do Pass HR 720 Do Pass

HR 725 Do Pass HR 708 Do Pass

Respectfully submitted, /s/ Triplett of the 128th
Chairman

THURSDAY, FEBRUARY 4, 1988

623

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

HB 1569. 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.

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

HB 1573. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that the tax commissioner of Rabun County shall not retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Rabun County to reimburse the county for the cost of collecting school taxes.

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

HB 1574. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act placing the Coroner of Rabun County on a monthly salary, so as to change the compensation of the coroner.

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

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 267. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to provide for sovereign immunity and official immunity and to provide for the circum stances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amend ment for ratification or rejection.

624

JOURNAL OF THE HOUSE,

SR 272. By Senators Hine of the 52nd and Howard of the 42nd:
A resolution requesting the Office of Regulatory Services of the Department of Human Resources to create a Task Force on Community Dialysis Centers.

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

HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political sub divisions, authorities, and instrumentalities, including state or federal licens ing regulatory agencies or their designated representatives.

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

HB 1286. By Representative Godbee of the 110th: A bill to provide a new charter for the City of Millen.

HB 1466. By Representative Phillips of the 120th:
A bill to amend an Act incorporating the Town of Alston, so as to extend the corporate limits of the town.

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Anno tated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.

SB 432. By Senator Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organiza tion and administration of the council; to provide for the responsibilities of the council.

SB 438. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 29 of Chapter 2 of Title 20 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 provi sions relating to excess insurance; to provide that participation by a board of education in an interlocal risk management agency shall not constitute a waiver of sovereign immunity.

THURSDAY, FEBRUARY 4, 1988

625

SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others: A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates.
SB 494. By Senator Barries of the 33rd:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide that succeeding grand juries shall be furnished with written responses by county officers to presentments and recommendations of the immediately preceding grand jury; to provide for related matters.
SB 499. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to physicians, osteopaths, orthotists, etc., so as to change the composition of the Composite State Board of Medical Examiners; to provide for the compensation, allowances, and expenses of the Physician's Assistants Advisory Committee.
SB 508. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that each principal or assistant principal of every public or private high school and the director of each area vocational school may regis ter to vote persons employed by the school system.
SB 569. By Senators Walker of the 43rd, Scott of the 2nd and Allgood of the 22nd:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for defini tions; to provide for the creation and purposes of small minority business development corporations.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Anno tated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.
Referred to the Committee on Judiciary.
SB 432. By Senator Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organiza tion and administration of the council; to provide for the responsibilities of the council.
Referred to the Committee on Judiciary.

626

JOURNAL OF THE HOUSE,

SB 438. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 29 of Chapter 2 of Title 20 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 provi sions relating to excess insurance; to provide that participation by a board of education in an interlocal risk management agency shall not constitute a waiver of sovereign immunity.
Referred to the Committee on Insurance.

SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates.
Referred to the Committee on Industry.
SB 494. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide that succeeding grand juries shall be furnished with written responses by county officers to presentments and recommendations of the immediately preceding grand jury; to provide for related matters.
Referred to the Committee on Special Judiciary.

SB 499. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to physicians, osteopaths, orthotists, etc., so as to change the composition of the Composite State Board of Medical Examiners; to provide for the compensation, allowances, and expenses of the Physician's Assistants Advisory Committee.
Referred to the Committee on Health & Ecology.

SB 508. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that each principal or assistant principal of every public or private high school and the director of each area vocational school may regis ter to vote persons employed by the school system.
Referred to the Committee on Education.

SB 569. By Senators Walker of the 43rd, Scott of the 2nd and Allgood of the 22nd:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for defini tions; to provide for the creation and purposes of small minority business development corporations.
Referred to the Committee on Industry.

THURSDAY, FEBRUARY 4, 1988

627

SR 267. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to provide for sovereign immunity and official immunity and to provide for the circum stances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amend ment for ratification or rejection.
Referred to the Committee on Judiciary.

SR 272. By Senators Mine of the 52nd and Howard of the 42nd:
A resolution requesting the Office of Regulatory Services of the Department of Human Resources to create a Task Force on Community Dialysis Centers.
Referred to the Committee on Health & Ecology.

Representative Patten of the 149th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 34. By Representatives Phillips of the 120th and Patten of the 149th:

A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flammable or combustible materials or vegetation; to provide proce dures and requirements for obtaining such permit.

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

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

Y Coleman
Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings,B
Cummings,M Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
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 Heard N Hensley Y Herbert Y Holcomb

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
YLane,R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney
N Meadows YMilam
Milford Y Mobley Y Moody
Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver.C Y Oliver.M
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 YRandall Y Ransom NRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Shepard
Y Sherrod Y Simpson
Sinkfleld

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

628

JOURNAL OF THE HOUSE,

On the motion, the ayes were 145, nays 6. The motion prevailed.

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

HB 1513.

By Representatives Greer of the 39th, Aiken of the 21st, Lane of the 27th and McKinney of the 35th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change which entities may enter into rapid transit contracts; to provide for transportation services contracts between the Authority and political subdivisions of the state and other entities and pro vide for conditions and procedures relating thereto.

Representative Thompson of the 20th moved that HB 1513 be postponed until Febru ary 5, 1988, immediately after the period of unanimous consents.
The motion prevailed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on Banks and Banking:

SB 569. By Senators Walker of the 43rd, Scott of the 2nd and Allgood of the 22nd:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for defini tions; to provide for the creation and purposes of small minority business development corporations.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 726 Do Pass
Respectfully submitted, 1st Lee of the 72nd
Chairman

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

HR 726. By Representative Richardson of the 52nd:
A resolution commending the Georgia State University College of Law moot court team and inviting the team to appear before the House of Representa tives.

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

THURSDAY, FEBRUARY 4, 1988

629

HB 1471.

By Representative Jackson of the 9th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to provide for the disposi tion of motor vehicles and parts which cannot be identified.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1469. By Representative Jackson of the 9th:
A bill to amend Code Section 40-14-4 of the Official Code of Georgia Anno tated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices.

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

HB 1347. By Representatives Bishop of the 94th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, Redding of the 50th and others:
A bill to amend Code Section 12-3-194 of the Official Code of Georgia Anno tated, relating to the powers of the Stone Mountain Memorial Association so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone Mountain.

The report 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 17.
The Bill, having received the requisite constitutional majority, was passed.

HB 157. By Representative Ramsey of the 3rd:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Anno tated, relating to definitions with respect to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to provide that certain employees of the Public Service Commission shall be entitled to membership in the Peace Officers' Annuity and Benefit Fund.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

630

JOURNAL OF THE HOUSE,

HB 1442.

By Representatives Rainey of the 135th, Hooks of the 116th, Walker of the 115th, Bostick of the 138th, Carter of the 146th and others:
A bill to amend Code Section 36-43-3 of the Official Code of Georgia Anno tated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1238.

By Representatives Lane of the 27th, Johnson of the 72nd, Couch of the 40th, Powell of the 145th, Watts of the 41st and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that real property owned by counties, municipalities, and other political subdivisions and public authorities for air port purposes may not be sold or leased to persons who are not citizens of the United States.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that no county, municipality, or other political subdivision and no public authority owning or controlling an airport may sell, lease, or otherwise contract with any person or business entity which is not a citizen of the United States or with any business entity with a substantial foreign ownership to have such person or business entity manage, operate, own, or control such airport; to provide for definitions; to provide that this Act shall not prevent or be construed to prevent such persons or business entities from leasing or pur chasing portions of any airport for the purpose of conducting such person's or entity's lawful business thereon, or from leasing or subleasing portions of any airport for the pur pose of allowing any other such person or entity to conduct its lawful business thereon; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Anno tated, relating to airports of counties, municipalities, and other political subdivisions, is amended by adding immediately following Code Section 6-3-20 a new Code Section 6-3-20.1 to read as follows:
"6-3-20.1. (a) As used in this Code section, the term: (1) 'Airport' means the real and personal property constituting an airport as a
complete entity or unit, and the management, operation, or control of an airport means the overall management, operation, or control of the airport as a complete entity or unit.
(2) 'Business entity with a substantial foreign ownership' means any business entity in which 25 percent or more of the equity in such business entity is owned by persons or other business entities that are not citizens of the United States.
(3) 'Citizen of the United States' means any individual person who is a citizen of the United States and any business entity incorporated or having its principal place

THURSDAY, FEBRUARY 4, 1988

631

of business in the United States, but the term shall not include any business entity with a substantial foreign ownership.
(4) 'Person' means an individual person. (b) No county, municipality, or other political subdivision and no public authority owning or controlling an airport shall sell, lease, or otherwise contract with any person or business entity which is not a citizen of the United States or with any business entity with a substantial foreign ownership to have such person or business entity manage, operate, own, or control such airport. (c) The provisions of subsection (b) of this Code section shall not prevent or be con strued to prevent any person who is not a citizen of the United States or any business entity with a substantial foreign ownership from leasing or purchasing portions of any airport for the purpose of conducting such person's or entity's lawful business thereon, or from leasing or subleasing portions of any airport for the purpose of allowing any other such person or entity to conduct its lawful business thereon."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron 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
Benn
Y Birdsong Y Bishop
Y Bostick Y Branch N Brooks
Brown YBuck Y Buford YByrd
Carrell Y Carter
Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Coleman Colwell Y Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B N Cummings,M
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 Y Heard Y Hensley Y Herbert
Y Holcomb

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

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

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

On the passage of the Bill, by substitute, the ayes were 137, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

632

JOURNAL OF THE HOUSE,

HB 1351. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-70 of the Official Code of Georgia Anno tated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connec tion 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 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 Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Brooks Brown
Buck Y Buford YByrd Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Coleman Colwell Y Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
Davis.G Y Davis.M Y Dixon N Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer
Y Godbee Y Goodwin Y Green
Y Greene Y Greer
Gresham
Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Henaley Herbert Y Holcomb

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

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M
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 Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson 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 Stancil
Y Stanley Steinberg
Y Stephens Thomas.C
Y Thomas,M Y Thompson Y Thurmond
Tolbert Y Townsend Y Triplett
Twiggs Waddle Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

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

HR 626. By Representative Lane of the 27th:

A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to author ize the issuance of temporary loans on behalf of special service districts; to provide a clarification that temporary loans are not subject to the terms of Paragraph I of Section V of Article IX of the Constitution of the State of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section V of the Constitution of the State of Georgia, relating to limitation on local debt, is amended by striking Paragraph V, relating to authorization for temporary loans, and inserting in its place a new Paragraph V to read as follows:

THURSDAY, FEBRUARY 4, 1988

633

"Paragraph V. Temporary loans authorized. The governing authority of any county, municipality, or other political subdivision of this state may incur debt by obtaining obtain temporary loans in each year to pay expenses of such county, municipality, other political subdivision, or special district created pursuant to Paragraph VI of Section II of this article. The aggregate amount of all such loans shall not exceed 75 percent of the total gross income from taxes collected by such county, municipality, other political subdivision, or on behalf of such special district, in the last preceding year. Such loans shall be payable on or before December 31 of the calendar year in which such loan is made. No such loan may be obtained when there is a loan then unpaid obtained in any prior year. No such county, municipality, or other political subdivision ef- this state shall incur2 nor shall such special district have incurred on its behalf, in any one calendar year an aggregate of such temporary loans or other contracts, notes, warrants, or obligations for current expenses in excess of the total anticipated revenue of such county, munici pality, other political subdivision, or special district for such calendar year."
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 Shall the Constitution be amended so as to authorize the issuance of temporary loans on behalf of special service districts?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Y Adams.G Y Adams.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
Benefield Benn Y Birdsong Bishop Y Bostick Y Branch Y Brooks Brown
Buck Y Buford Y Byrd Y Carrell Y Carter
Chambless Y Chance
Y Cheeks Y Childers

Y Clark.B Y Clark.H
Clark.L Y Colbert
Coleman Colwell Connell
Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Davis.G Y Davis.M Dixon Y Dobbs Y Dover Y 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
Y Manner Y Harris Y Hasty Y Heard
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
Langford Lawler Y Lawrence Y Lawson
YLee Y Linder
YLong Y Lord Y Lucas Y Lupton Y Mangum

Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford
Y Mobley Y Moody Y Moore
Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M 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 YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson 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
Y Snow Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Y Tolbert

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JOURNAL OF THE HOUSE,

Y Townsend Y Triplett
Y Twiggs Waddle

Y Waldrep Walker,C
Y Walker.L Y Wall

Y Ware Watson
Y Watts White

Y Wilder Y Williams.B
Williams.J Y Wilson

Y Wood Y Workman
Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 137, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 719. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-60 of the Official Code of Georgia Anno tated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, so as to increase the allocation from each such fine collected and bonds forfeited.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the amount allocated to the fund from fines and forfeited bonds in criminal cases; to change the provisions relating to eligibility for retirement; 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 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking subsection (a) of Code Section 47-16-60, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The sum of $1.60 $2.00 shall be allocated to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law, including traffic laws, which case is before any court of this state in which a sheriff of a superior court or a duly authorized deputy of such sheriff acts as sheriff to such court by virtue of his office, provided that such fine or bond, which shall be construed to include costs, is at least $5.00. The clerk or other collecting authority for the court in which the fine or bond is collected shall pay such amounts to the secretarytreasurer each quarter or at such other times as the board may provide. These sums shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture, provided that this shall not be construed to repeal any existing priorities established under the laws of this state. It shall be the duty of the clerk or other collecting authority for each court to keep accurate records of the amounts due to the board and to remit the amounts due promptly. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used only for the purposes provided for in this chapter."
Section 2. Said chapter is further amended by striking paragraph (1) of Code Section 47-16-100, relating to eligibility for retirement benefits, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) He The member must have served a minimum of at least four years as a quali fied and commissioned sheriff of a county in the State of Georgia during which time he the member served as sheriff of the superior court of that county after and including January 1, 1961; provided, however, as applied to any person first or again becoming a sheriff and a member on or after July l 1988, the member must have served a minimum of at least eight years as a qualified and commissioned sheriff of a county as provided in this paragraph;".

THURSDAY, FEBRUARY 4, 1988

635

Section 3. This Act shall become effective on July 1, 1988. Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Adams.M N Aiken
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 Y Brooks
Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert

Coleman Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Cummings.M 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 Hamilton Y Hanner Y Harris Y Hasty Heard 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 YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M
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 YRay Y Reaves Redding Y Richardson
Y Ricketson 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 Y Snow Y Stancil Y Stanley
Stein berg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert 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
Williams,J Y Wilson Y Wood
Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 842. By Representative Groover of the 99th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, known as the "Act Creating the Superior Court Judges Retirement System", so as to change the number of years of creditable service necessary for the vesting of the right to receive benefits; to change the provisions relat ing to appointment as senior judge, early retirement benefits, and spouses benefits as necessary to be consistent with the change in vesting require ments.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the

636

JOURNAL OF THE HOUSE,

number of years of creditable service necessary for the vesting of the right to receive bene fits; to change provisions relating to appointment as senior judge, early retirement bene fits, and spouses benefits as necessary to be consistent with the change in vesting requirements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," is amended by strik ing paragraph (3) of subsection (a) of Code Section 47-9-60, relating to senior judges, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) Any judge of the superior courts, whether or not said judge is a member of the retirement system created by this chapter, who ceases holding office as a judge of the superior courts and who has at least ten eight years of service as a judge of the superior courts at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state may become a senior judge, but no such senior judge shall receive retirement benefits under this chapter unless such judge was a member of the retirement system created by this chapter and, in that event, such senior judge may not receive retirement benefits under this chapter until attaining early retirement age."
Section 2. Said chapter is further amended by striking subsections (a) and (b) of Code Section 47-9-70, relating to retirement benefits and eligibility therefor, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) (1) Except as otherwise provided in this chapter, any member who has attained 75 years of age and who fails to retire effective on the first day of the calen dar month next succeeding that in which he attains the member attained 75 years of age shall forfeit his the right to receive any retirement or disability benefits under this
willy TJ IIT(Oj 9n8ii not oe reQuiped to retire, pe^&Fdless "Of his &c, "tintil siicn member outflins ten yeflrs of cpedrtd.Dle service to Qiifliiiy nim lor eflrly retirement Dene* its under subsection {a} ef Ged Section 47-9-71.
flny jud^e wno wfts ft mem oer of tne system m JLyoU, wno wfls reelected fts ft jud|3je im lyov, ind wno dttdins tne &^e of ~ro yeftrs during tne term TO wnicn ne wfts peeiected
rcclcctcd without forfeiting any retirement e>r disability benefits under this chapter. Any otner provisions of tnis 01* &ny otnep Iftw TO tne contrflry notwitnTM
g, o.ny jude wno ts ft Any memoer 01 tne system^ wno ts peeiected fts ft judjije in the future, and who attains the age of 75 years during the a term te which he is rcclccted of office as a superior court judge shall be allowed, if he chooses to de 907 have the right to complete the such term te which h is rcclcctcd of office without forfeiting any retirement or disability benefits under this chapter, (b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten eight years of creditable service^ btrt the ._ The maximum monthly retirement benefit under this chapter shall be two-thirds of the state salary paid to superior court judges at the time of retirement, except as otherwise provided by subsec tion (c) of this Code section, and such maximum benefit shall be based on obtaining 16 years of creditable service and the attainment of age 65. A member who has at least ten eight years of creditable service but less than 16 and who is at least 60 years of age, but less than 65, may retire at a reduced benefit pursuant to Code Section 47-9-71 of this chapter. Any member obtaining 16 years of creditable service on or after November 1, 1982, who continues to serve as a superior court judge shall continue to make employee contributions to the fund until the member's retirement."
Section 3. Said chapter is further amended by striking subsection (a) of Code Section 47-9-71, relating to early retirement benefits, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

THURSDAY, FEBRUARY 4, 1988

637

"(a) In lieu of retirement at the maximum benefits provided by subsection (b) of Code Section 47-9-70, a member may retire at any time after attaining age 60 and after obtaining a minimum of te eight years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the maximum retirement bene fits provided by subsection (b) of Code Section 47-9-70. The percentage shall be the pro portion which the number of actual years of service as a superior court judge bears to 16r IB , but in no event shall the benefits under this subsection exceed 75 percent of the maximum retirement benefits provided in subsection (b) of Code Section 47-9-70."
Section 4. Said chapter is further amended by striking subsections (b) and (d) of Code Section 47-9-73, relating to spouses benefits, in their entirety and substituting in lieu thereof, respectively, new subsections (b) and (d) to read as follows:
"(b) Upon the death of a member who is subject to this Code section and who has attained a minimum of ten eight years of creditable service, the surviving spouse of such member shall be entitled to receive for life, or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of the member's death, if retired at such time, or which would have been payable to the member had the member retired as of the date of the member's death or, if the member had not attained age 60 at the time of death, 50 per cent of the retirement benefit the member would have received had the member lived and retired at age 60, as applied to members in service on June 30, 1986, but as applied to persons first or again becoming members on or after July 1, 1986, who have not attained age 60 at the time of death, the benefit of the surviving spouse shall be 50 per cent of the retirement benefit the member would have received as if the member were age 60 on the date of death based on the number of years of creditable service the member had on the date of death.
(d) Any member of this retirement system who rejects spouses benefits coverage or who ceases such coverage pursuant to subsection (j) of this Code section because such member was unmarried at the time of such rejection, because such member's spouse died, or because such member ceased to be married shall have the option to elect spouses benefits within 60 days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses benefits coverage for a total of at least ten eight years in order for such member's spouse to qual ify for the spouses benefits provided for by this Code section."
Section 5. This Act shall become effective on July 1, 1988.
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 roll call was ordered and the vote was as follows:

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

Bishop Y Bostick Y Branch Y Brooks Y Brown Y Buck
Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks N Childers
Clark.B N Clark.H Y Clark.L
Colbert

Coleman Colwell Y Connell Y Couch Y Cox N Crawford
Y Crosby
Y Cummings.B Cummings.M Davis.G Davis.M
Y Dixon
N Dobbs Y Dover N Dunn
Edwards Y Felton Y Floyd

Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Y Greer
Gresham Y Griffin Y Groover
Hamilton Y Hanner
Y Harris Y Hasty
Heard N Hensley
Herbert Y Holcomb

Y Holmes Hooks
Y Hudson N Isakson Y Jackson.J Y Jackson.W
Jamieson
Johnson.D Y Johnson.K Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson Y Lee

638

JOURNAL OF THE HOUSE,

N Linder YLong
Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald N McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore N Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C
Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston N Pittman Porter Y Powell

Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall N Ransom NRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, the ayes were 122, nays 17.
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.

Representative Ramsey of the 155th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 1266.

By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st, Sherrod of the 143rd, Royal of the 144th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with cer tain pesticides or containing certain residues of pesticides or other sub stances.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with certain pesticides or containing certain residues of pesticides or other substances; to provide for notices; to provide for applicability of notices; to provide that it shall be unlawful for any person to remove any such notice affixed to tobacco or to remove or dispose of such tobacco by sale or otherwise without written permission; to provide for removal of markings and release of tobacco from deten tion; to provide for actions for condemnation of tobacco; to provide for costs; to provide for testing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by adding, following Code Section 10-4-117, a new Code Section 10-4-117.1 to read as follows:
"10-4-117.1. (a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any tobacco has been treated with any pesticide not cur rently registered by the United States Environmental Protection Agency or the Commis sioner, or both, for use on tobacco or contains a residue of any pesticide or other

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substance at a level which exceeds the current residue standard established for that pesticide or other substance by the United States Agricultural Stabilization and Conser vation Service to protect and ensure the orderly marketing of Georgia grown tobacco, the agent shall affix to such tobacco or otherwise give to the owner or custodian of such tobacco a notice advising that such tobacco is being detained by the Commissioner. Such notice of detention shall apply to all tobacco produced by that grower during that sea son, including tobacco already harvested or tobacco to be harvested. It shall be unlawful for any person to remove any such notice affixed to tobacco or to remove or dispose of such tobacco by sale or otherwise without written permission from the Commissioner's agent or a court of competent jurisdiction.
(b) If the Commissioner finds that no residue of pesticides or other substances in the detained tobacco exceeds any residue standard as specified in subsection (a) of this Code section, the Commissioner shall promptly remove all markings from such tobacco and release it from detention, in writing.
(c) When any tobacco detained under subsection (a) of this Code section has been found by the Commissioner to contain any residue in excess of those specified in subsec tion (a) of this Code section, the Commissioner shall bring an action for condemnation of such tobacco in the superior court of the county where the tobacco is being detained. After the Commissioner has made an initial finding of any residue in the detained tobacco in excess of any residue standard established by the United States Agricultural Stabilization and Conservation Service as provided for in subsection (a) of this Code section, the costs of all subsequent testing which the Commissioner shall require to con firm that residues in such detained tobacco do not exceed any residue standard estab lished by the United States Agricultural Stabilization and Conservation Service shall be borne by the producers and such tests shall be performed only by a laboratory approved by the Commissioner."
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 Alford
Y Alien Athon
Y Atkins
Y Bailey Balkcom
Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch
Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark ,B Y Clark.H
Y Clark,L Y Colbert
Coleman Colwell Y Connell
Y Couch Y Cox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Davis.G Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Y Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Gresham

Y Griffin
Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Hensley
Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y 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
Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long
Lord

Y Lucas
Y Lupton Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Oliver.M Y 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
Y Ray Y Reaves
Redding
Y Richardson Y Ricketson 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 Y Snow Y Stancil Y Stanley
Steinberg Y Stephens

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Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Tolbert

Y Townsend Y Triplet!
Twiggs Y Waddle Y Waldrep

Walker.C Y Walker.L Y Wall
Ware Y Watson

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

Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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641

AFTERNOON SESSION

The Speaker called the House to order.

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

HB 1228. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from sal aries or wages of their employees contributions or dues to certain charitable associations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1200.

By Representative Beck of the 148th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner or tax collector of the county in which the municipality is located to assess and col lect taxes for such municipality in the same manner as county taxes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner, or tax receiver and tax collector, of the county in which the municipality is located to assess and collect taxes for such municipality in the same manner as county taxes; to provide for enforcement of remedies for collection of such municipal taxes; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to municipal taxation, is amended by inserting a new Code Section 48-5-359.1 between Code Sections 48-5-359 and 48-5-360 to read as follows:
"48-5-359.1. (a) Any county and any municipality wholly located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to him by the county.

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(b) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Appropriations and referred to the Committee on Rules:

SB 463. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers in this state; to provide that such peri odic cost-of-living adjustments to the minimum annual salaries of the con stitutional county officers shall be based on cost-of-living adjustments received by employees in the classified service of the state merit system.

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

HB 1437.

By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
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 certifications of corporate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that certifications of corporate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas; to authorize the board to issue writs of fieri facias; to change the desig nation of the position of deputy director to administrative law judge; to provide for the position of executive director; to abolish the position of secretary-treasurer; to provide for editorial changes; to provide for assistants of the board; to provide for compensation of board members and other employees of the board; to remove certain references to the Commissioner of Labor; to authorize the board to establish minimum assessments; to clar ify provisions regarding the power of said board to inspect places of employment and records contained therein; to provide a method of calculating partial lump sum advance payments and interest thereon; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-2.1, relating to the

THURSDAY, FEBRUARY 4, 1988

643

election by corporate officers to be exempt from workers' compensation insurance cover age, and inserting in its place a new Code Section 34-9-2.1 to read as follows:
"34-9-2.1. (a) A corporate officer who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the insurer or, if there is no insurer, to the State Board of Workers' Compensation.
(b) A corporate officer who has exempted himself by proper certification from cover age under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage.
(c) No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until 30 days after it is filed with the State Beard ef Workers' Compensation proper entity."
Section 2. Said chapter is further amended by striking subsection (d) of Code Section 34-9-12, relating to employers' records of injuries, and inserting in its place a new subsection (d) to read as follows:
"(d) Any employer who refuses or willfully neglects to make the report required by subsection (a) of this Code section shall be subject to a penalty of not more than $100.00 for each refusal or instance of willful neglect, to be assessed by the board, a member, or a deputy director an administrative law judge in an open hearing, with the right of review as in other cases. In the event the employer has sent the report to the insurance carrier for forwarding to the board, the insurance carrier willfully neglecting or failing to forward the report shall be liable and shall pay the penalty."
Section 3. Said chapter is further amended by striking Code Section 34-9-20, relating to the offense of giving false testimony to a member of the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-20 to read as follows:
"34-9-20. Any person who shall knowingly make, give, or produce any false state ments or false evidence, under oath, to any member of the board or to any deputy dirccter administrative law judge commits the offense of perjury."
Section 4. Said chapter is further amended by striking Code Section 34-9-40, relating to the creation of the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-40 to read as follows:
"34-9-40. There is created and established within the Department ef Labor executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be appointed by the Governor for a term of four years; fey and with the advice and consent ef- the Senate. Each member shall hold office until his successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The board shall have a-H powers, authorities, and duties formerly vested m the Industrial Beal full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter."
Section 5. Said chapter is further amended by striking Code Section 34-9-47, relating to the appointment and powers of deputy directors, and inserting in its place a new Code Section 34-9-47 to read as follows:
"34-9-47. The board may appoint deputy directors administrative law judges whe sftQii tiflvc tiic ssiYic ftutftonty 8Rd power tts m&iH DCPS of trie DO&PU &nu wiio snsii T&C appointed from time to time; as required, te serve enly when and where needed and without permanent positions as needed to carry out all duties assigned by the board. Deputy directors Administrative law judges shall serve as hearing officers and exercise judicial functions in implementing this chapter and shall have the power to subpoena witnesses and administer oaths and may take testimony in such cases as the board may deem proper. A deputy director An administrative law judge so hearing a case shall make the award just as would a member of the board as provided elsewhere in this chapter, such award to be subject to review and appeal as is the award of a single member of the board. The members of the board or deputy directors administrative law judges or any one of them may hold such sessions as may be deemed necessary at any

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place within the state, subject to the other provisions of this chapter. Administrative law judges may be appointed by the board to serve as a member of the board to review cases on appeal; however, not more than one administrative law judge shall serve as a member of the board on any case. All deputy directors of the board serving on July 1^ 1988, shall thereafter be known as administrative law judges."
Section 6. Said chapter is further amended by striking Code Section 34-9-48, relating to the designation of members and deputy directors as administrative law judges, and inserting in its place a. new Code Section 34-9-48 to read as follows:
"34-9-48. All members of the board and aH deputy directors are designated as administrative law judges for the purposes of serving as hearing officers and exercising judicial functions in the implementation of this chapter."
Section 7. Said chapter is further amended by striking Code Section 34-9-49, relating to the appointment and removal of the director of administration, and inserting in its place a new Code Section 34-9-49 to read as follows:
"34-9-49. (a) There is created the position of executive director ef administration of the board. ; wfee ahall be responsible for the administrative functions ef the board. He The executive director shall be both appointed and removed by the board; subject te th approval ef the Governor. Subject to the general policy established by the board, the executive director shall:
(1) Plan, organize, direct, supervise, account for, and execute the administrative functions vested in the board; and
(2) Employ such clerical and other assistants as may be needed. (b) All of the salaries and expenses of the board members, executive director, admin istrative law judges, and assistants of the board shall be audited and paid out of funds appropriated by the General Assembly as prescribed by law and in accordance with rules and regulations prescribed by the board."
Section 8. Said chapter is further amended by striking Code Section 34-9-50, relating to the appointment of the secretary-treasurer, which reads as follows:
"34-9-50. (a) The chairman of the board may appoint a secretary-treasurer, who shall give bond in the sum prescribed by the board and who may be removed by it.
(b) The board may, subject to the approval of the Governor, employ such clerical or other assistants as may be deemed necessary.
(c) All of the salaries and expenses of the members, deputy directors, and assistants of the board, including those of the chairman, shall be audited and paid out of the funds held by the secretary-treasurer according to rules and regulations prescribed by the board.", and inserting in its place the following:
"34-9-50. Reserved."
Section 9. Said chapter is further amended by striking Code Section 34-9-51, relating to the payment of traveling expenses of members of the State Board of Workers' Compen sation, and inserting in its place a new Code Section 34-9-51 to read as follows:
"34-9-51. The members, deputy directors administrative law judges, and assistants of the State Board of Workers' Compensation shall be entitled to receive their actual and necessary expenses while traveling on the business of the board, either within or without the State of Georgia, but the expenses shall be sworn to by such person incurring them and shall be approved by the chairman or his designee before payment is made."
Section 10. Said chapter is further amended by striking subsection (b) of Code Section 34-9-52, relating to the applicability of the state merit system to members and staff of the State Board of Workers' Compensation, and inserting in its place a new sub section (b) to read as follows:
"(b) All other officials, personnel, and employees of the board are placed under the state merit system and shall be subject to the laws, rules, and regulations relative to that system; provided, however, that, except for compensation, such laws, rules, and regula tions shall not apply to the deputy directors totA the secretary-treasurer administrative

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law judges, whose method of appointment, removal, and terms of office shall remain as now provided by law."
Section 11. Said chapter is further amended by striking Code Section 34-9-53, relat ing to the position of director emeritus, and inserting in its place a new Code Section 34-9-53 to read as follows:
"34-9-53. There is created the office of director emeritus of the board. Any director of the board now or hereafter in office shall be eligible for appointment as director emeritus, provided that such member of the board has reached the age of 60 years and has also attained 20 consecutive years of service in the capacity of chairman, director, deputy director or administrative law judge, member of the General Assembly, or a combination of consecutive service in these offices; provided, further, that not more than five years' service in the General Assembly shall be allowed as service credit hereunder. The Governor shall appoint to the position of director emeritus anyone eligible under this Code section who shall advise the Governor in writing that he desires to resign from the office of director of the board and accept appointment as director emeritus of the board, stating in such notice the date upon which the resignation as director and appointment as director emeritus shall become effective; and upon such notice the Governor shall make such appointment effective upon the date requested, and the resig nation as director of the board shall be automatically effective as of the same date as the appointment as director emeritus."
Section 12. Said chapter is further amended by striking Code Section 34-9-57, relat ing to the creation of the position of deputy director emeritus, and inserting in its place a new Code Section 34-9-57 to read as follows:
"34-9-57. There is created the office of deputy director administrative law judge emeritus of the board. Any deputy director administrative law judge, formerly known as deputy director, of the board now or hereafter in office shall be eligible for appointment as deputy director administrative law judge emeritus, provided he has reached the age of 70 years and has either (1) attained 20 years of service in the capacity of administra tive law judge or deputy director or (2) attained 20 years of total service, aggregating his service as administrative law judge or deputy director with any years of prior service as director, member of the General Assembly of Georgia or the Georgia National Guard, or as special assistant attorney general, or any combination of services in these offices. Such deputy director administrative law judge emeritus shall be eligible for appointment by the Governor in the same manner as provided for appointment of a director emeritus under Code Section 34-9-53 and shall exercise the same duties as provided in Code Section 34-9-55 for a director emeritus. All persons appointed to the office of deputy director administrative law judge emeritus as provided in this Code section shall receive an annual salary equal to one-third of the annual salary provided by law for a deputy director an administrative law judge of the board at the time of appointment of the deputy director administrative law judge emeritus under this Code section, such salary to be paid by the board in semimonthly installments from funds provided by law for the operation of the board."
Section 13. Said chapter is further amended by striking Code Section 34-9-59, relat ing to the adoption of rules of procedure by the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-59 to read as follows:
"34-9-59. The board is empowered and authorized to ad shall adopt proper rules of procedure to govern the exercise of its functions and hearings before the board or any of its members or deputy directors administrative law judges."
Section 14. Said chapter is further amended by striking Code Section 34-9-60, relat ing to the rule-making and subpoena powers of the State Board of Workers' Compen sation, and inserting in its place a new Code Section 34-9-60 to read as follows:
"34-9-60. (a) The board may make rules, not inconsistent with this chapter, for carrying out this chapter. Processes and procedure under this chapter shall be as sum mary and simple as reasonably possible; provided, however, that, in any proceeding under this chapter where the parties are represented by counsel, the board may require,

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by rule or regulation, on forms provided by the board, the filing of statements of contentions and points of agreement. The mcmbcra, or any one ef them, er ny person deputized by them board, any member of the board, or any administrative law judge shall have the power for the purposes of this chapter to subpoena witnesses, issue and enforce subpoenas, to administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceed ing as relate to questions in dispute. Article 2 of Chapter 10 of Title 24 shall govern the issuance and enforcement of subpoenas pursuant to this Code section, except that the board, any member of the board, or any administrative law judge shall carry out the functions of the court and the executive director shall carry out the functions of the clerk of the court. The board shall not, however, have the power to order imprisonment as a means of enforcing a subpoena. The board shall have the power to issue writs of fieri facias in order to collect fines imposed pursuant to this Code section and such writs may be enforced in the same manner as a similar writ issued by a superior court.
\D/ T. ne sncPitis OT tftis stfltc, witillii t/ncir respective jurisdictionSj QHQ tneir respcctive deputies shall serve att subpoenas ef the members ef the deputies and shall receive trie sfline tees ft8 tffe ROW provided oy T&W TOT like civil fictions except xliflt suopocnfts nifty ftiso ije served iR ftRy otner msnner dutnopized Dy iflw. Dfteft witness wno sppcQFS
scribed by law fer witnesses in civil cases in courts. The In addition to the enforcement procedures provided in subsection (a) of this Code section, the superior court of the county wherein in which the hearing is held shall, on application of the boardj or any member of the board, or deputy director thereof an administrative law judge, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records."
Section 15. Said chapter is further amended by striking Code Section 34-9-62, relat ing to limitations on the power of the Commissioner of Labor, which reads as follows:
"34-9-62. The Commissioner of Labor shall have no authority or power to appoint a secretary-treasurer of the board, nor shall he have any authority over the personnel of the board, including, in any circumstance, removal from office of any officer or employee of the board upon any ground whatsoever. His authority with respect to the State Board of Workers' Compensation shall be advisory only.", and inserting in its place the following:
"34-9-62. Reserved."
Section 16. Said chapter is further amended by striking subsection (a) of Code Section 34-9-63, relating to the proration of the annual expenses of the State Board of Workers' Compensation, and inserting in its place a new subsection (a) to read as follows:
"(a) The total expenses of the board shall be prorated among the qualified insurance companies writing compensation insurance in this state, hereinafter referred to as insur ers, and employers net covered by subject to the provisions of this chapter whose work ers' compensation insurance coverage is not written by these companies, hereinafter referred to as ethers self-insurers, including, but not limited to, the state, counties, municipalities, and any political subdivisions or authorities thereof. Such proration shall be on the basis, in the case of the insurers, of the gross earned premium and, in the case of ethers self-insurers, on the basis of the amount of premium which they would have had to pay in the event they had insured their liability with an insurer; provided, however, the board may establish by rule a minimum assessment, based upon the administrative cost necessary to provide licensure support and basic computer manage ment reports for each insurer or self-insurer, to be paid by insurers and self-insurers whose actual prorated assessment otherwise would be less than the minimum assessment. Prorated assessments based on the experience of the previous calendar year shall be made on July 1, based on the budget of the board for that fiscal year."
Section 17. Said chapter is further amended by striking Code Section 34-9-101, relating to the appointment by the board of a physician to examine an injured employee, and inserting in its place a new Code Section 34-9-101 to read as follows:

THURSDAY, FEBRUARY 4, 1988

647

"34-9-101. The members of the board or any one of them or a deputy director an administrative law judge may, upon the application of either party or upon their own motion, appoint one or more disinterested and duly qualified physicians or surgeons to make any necessary medical examination of the employee and to report or testify with respect thereto. The physicians or surgeons shall be allowed travel expenses and a reasonable fee, to be paid by either or both parties or by the state, as directed by the board, any member thereof, or a deputy director an administrative law judge."
Section 18. Said chapter is further amended by striking subsection (h) of Code Section 34-9-102, relating to hearings before administrative law judges, and inserting in its place a new subsection (h) to read as follows:
"(h) In proceedings before the administrative law judge or the board, if any party or an agent or employee of a party disobeys or resists any lawful order or process; or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; or refuses to appear after having been subpoenaed; or, upon appearing, refuses to take the oath or affirmation as a witness; or, after taking the oath or affirma tion, refuses to testify, the administrative law judge or the board shall have the same rights and powers given the court under Chapter 11 of Title 9, the 'Civil Practice Act.' If any person not a party refuses as aforesaid, the administrative law judge or the board may certify the facts to the superior court of the county where the offense is committed for appropriate action or may impose the sanctions provided in Code Section 34-9-60."
Section 19. Said chapter is further amended by striking Code Section 34-9-103, relating to the review of an award by board members, and inserting in its place a new Code Section 34-9-103 to read as follows:
"34-9-103. (a) If an application for review is made to the board within 20 days of notice of the award, aH ef the members the board 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 its ruling of law in the case. A copy of the award so made on review shall immediately be sent to the parties at dispute. AH ef th members The board may remand to a single member or deputy director administrative law judge any case before them it for the purpose of reconsideration 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 evidence for consideration by the fan board in rendering any decision or award in the case.
(b) Within the time limit provided by subsection (a) of this Code section for review by att ef- the members the board of an award made in accordance with Code Section 34-9-102 or within the time limit provided by Code Section 34-9-105 for appeal to a superior court, upon or without the suggestion of a party to the proceedings and not withstanding the filing of an application for review or appeal, the fail board or any of its members or deputy directors administrative law judges issuing an award shall have authority to reconsider, amend, or revise the award to correct apparent errors and omis sions. Should an amended or revised award be issued, the time period for filing an appli cation for review of the amended or revised award under subsection (a) of this Code section or for filing appeal to a superior court under Code Section 34-9-105 shall com mence upon the date of issuance of the amended or revised award."
Section 20. Said chapter is further amended by striking subsections (a) and (b) of Code Section 34-9-105, relating to the procedure for appeal from a decision of the State Board of Workers' Compensation, and inserting in their places new subsections (a) and (b) to read as follows:
"(a) Any award of the administrative law judge provided for in Code Section 34-9-102, with respect to which no application for a review thereof is filed in due time, or an award of the members of the board er deputy directors upon such review as pro vided in Code Section 34-9-103 shall, in either event, as the case may be, and subject to the other provisions of this chapter, be a final award and shall be conclusive and binding as to all questions of fact.

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(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the mem bers of the board or deputy directors administrative law judges, but not thereafter, appeal from the decision 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 21. Said chapter is further amended by striking Code Section 34-9-128, relating to the inspection of places of employment and employment records, and inserting in its place a new Code Section 34-9-128 to read as follows:
"34-9-128. The board and its authorized representatives shall have the power and authority to enter and inspect any place of employment and to inspect the same, together with all employment, payroll^ and employment injury records at any reasonable time for the purpose of investigating compliance with this chapter and making inspec tions for the proper enforcement of this chapter. The willful refusal of an employer to permit inspections and investigations pursuant to this Code section or to comply with Code Sections 34-9-120, 34-9-121, and 34-9-126 after being notified of noncompliance by the board shall subject the employer to a penalty to be assessed by the board, not exceeding $50.00 per day so long as the refusal shall continue; provided, however, that no penalty shall be assessed except after notice of not less than ten days and a hearing thereon before the board."
Section 22. Said chapter is further amended by striking subsection (b) of Code Section 34-9-222, relating to lump sum payments of compensation generally, and inserting in its place a new subsection (b) to read as follows:
"(b) Under the same requirements of subsection (a) of this Code section, the board may order the employer to make advance payment payments of a part of the future income benefits by payment of a lump sum equal to such part of future payments; reduced TO tneir present vftlue upon tne uflsis of interest cflicu1&ted ~tn ~\ percent per annum. The repayment of partial Partial lump sum advance payments^ together with interest of 7 percent per annum, may be accomplished by reducing the period of pay ment or reducing the weekly benefit, or both2 as may be directed by the board."
Section 23. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Thomas of the 69th moves to amend the House Committee on Judiciary substitute to HB 1437 by striking lines 22 through 24 of page 1 and inserting in lieu thereof the following:
"Section 0.5. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety the second paragraph of paragraph (2) of Code Section 34-9-1, relating to definitions of terms used in workers' compensation, and inserting in lieu thereof a new paragraph to read as follows:
'Notwithstanding the foregoing provisions of this paragraph, any officer of a cor poration may elect to be exempt from coverage under this chapter by filing written

THURSDAY, FEBRUARY 4, 1988

649

certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article.'
Section 1. Said chapter is further amended by striking Code Section 34-9-2.1,".
By striking lines 30 through 32 of page 12 and inserting in lieu thereof the following:
"striking subsections (h) and (j) of Code Section 34-9-102, relating to hearings before administrative law judges, and inserting in their respective places new subsections (h) and (j) to read as follows:".
By adding between lines 17 and 18 of page 13 the following:
"(j) (1) Any party subject to this chapter who is or who becomes a nonresident of this state at the time of or after the injury or death of an employee shall be deemed to have appointed irrevocably the accfctary-treasuref executive director of the board as that party's agent for service of notice or any other process in any proceeding under this chapter.
(2) Any notice or process served on the secretary treasurer executive director shall have the same legal effect as if served upon the nonresident party personally within the state.
(3) The secretary-treasurer executive director or his designated agent shall immediately send a copy of the notice or process by certified mail to the last known address of the nonresident party."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 631. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, Floyd of the 154th, Morton of the 47th and others:
A resolution authorizing the Georgia Veterans of Foreign Wars to place a bust of the late James H. "Sloppy" Floyd in the foyer of the James H. "Sloppy" Floyd Veterans Memorial Building.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Manner of the 131st and others:
A resolution naming the "George T. Bagby State Park".

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:

650

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon
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 Y Brooks
Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby
Y Cummings.B Cummings.M 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
Greene Y Greer
Gresham Y Griffin
Y Groover Y Hamilton
Y Manner Y Harris
Hasty Y Heard
Y Hensley 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
Kingston Y Lane.D Y Lane.R
Langford Lawler Y Lawrence Y Lawson YLee Y Linder YLong Lord Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney
Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore
Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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
Randall Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketeon Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

The Speaker Pro Tern assumed the Chair.

HB 1399.

By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Anno tated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions.

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend HB 1399 as follows: Page 1, line 13 - add "with specific facts" after "allege"

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

THURSDAY, FEBRUARY 4, 1988

651

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon
Y Atkina
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
Brooks
Brown YBuck Y Buford
Byrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs
Dover
YDunn Y Edwards
Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Y Green Y Greene Y Greer
Gresham
Y Griffin
Y Groover
Y Hamilton Y Har.ner
Y Harris
Y Hasty Y Heard
Y Hensley 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
Lane,D Y Lane,R
Langford Lawler
Y Lawrence Y Lawson YLee Y Linder
YLong Lord
Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Oliver.C
Y Oliver.M Orrock 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 Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson 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
Snow Y Stancil
Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1400.

By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd, Groover of the 99th and others:
A bill to amend Code Section 19-13-6 of the Official Code of Georgia Anno tated, relating to penalties for violation of domestic violence orders, so as to change the provisions relating to actions which constitute violations for which penalties may be imposed.

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 Beck
Y Benefield

Benn Birdsong Y Bishop Y Bostick Y Branch
Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chamblei
Chance Y Cheeks Y Childers

Y Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch YCox
Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.G
Davis.M Y Dixon

Y Dobbs
Y Dover
Y 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 Hasty
Y Heard Y Hensley Y Herbert
Holcomb Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Johnson.D

652

JOURNAL OF THE HOUSE,

Y Johnson.R
Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Lawler Y Lawrence
Y Lawson YLee
Y Under
YLong Lord Lucas
Y Lupton Y Mangum
Y Martin
Y McCoy McDonald
Y McKelvey

McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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
Y Ramsey.T
Ramsey,V Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson 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 YSnow Y Stancil
Stanley Y Steinberg
Y Stephens Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Tolbert

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

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1488.

By Representatives Byrd of the 153rd, Reaves of the 147th, Hamilton of the 124th, Smith of the 152nd, Greene of the 130th and others:
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 provide for a program of community education and development grants; to provide a short title; to provide for definitions; to authorize the Department of Com munity Affairs to make grants to boards of education for certain programs and activities.

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

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 Y Brooks
Brown
Buck
Y Buford
YByrd
Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford Y Crosby
Y Cummings,B
Cummings,M Y Davis.G Y 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
Gresham

Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y 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
Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord

Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey McKinney
Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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 Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Shepard
Y Sherrod
Y Simpson
Y Sinkfield Y Sizemore Y Smith.L
Smith.P Y Smith.T Y Smith.W
Smyre
Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens

Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert

THURSDAY, FEBRUARY 4, 1988

Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

Walker.C Walker.L Y Wall Y Ware Y Watson

Y Watts White Wilder
Y Williams.B Williams.J

653
Y Wilson Y Wood
Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1025. By Representatives Cummings of the 17th, Murphy of the 18th, Moody of the 153rd, Clark of the 13th, Johnson of the 72nd and others:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Anno tated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same benefits as a member who has reached his normal retire ment 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 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 Y Brooks Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Y Clark.L Colbert

Y Coleman Y Colwell
Connell
Y Couch
Cox Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs
Dover Dunn Edwards
Y Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green
Greene
Y Greer Gresham
Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty 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
Lane.D Y Lane.R Y Langford
Lawler
Y Lawrence Lawson
YLee Y Linder
YLong Lord Lucas Lupton
Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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
Randall Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman
Shepard
Y Sherrod Y Simpson Y Sinkfield

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

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

654

JOURNAL OF THE HOUSE,

HB 1559. By Representatives Byrd of the 153rd, Watson of the 114th, Waldrep of the 80th, Kilgore of the 42nd, Hamilton of the 124th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to the practice of architecture, so as to continue the State Board of Architects.

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
Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong
Y Bishop Y Bostick
Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Coleman Y Colwell
Connell Y Couch
YCox Y Crawford
Crosby Cummings.B Y Cummings,M 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 Y Greer
Gresham Y Griffin
Y Groover Hamilton
Y Banner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

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 Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M 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 Y Ramsey.T
Y Ramsey.V Randall
Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson 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
YSnow Stancil
Y Stanley Steinberg Stephens
Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Walker,L Y Wall Ware
Watson Watts White Wilder Y Williams.B Williams,J Y Wilson Y Wood Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1392.

By Representatives Oliver of the 53rd, Porter of the 119th and Lawson of the 9th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to change the form of notice.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 4, 1988

655

HB 1545.

By Representatives Pannell of the 122nd, Robinson of the 96th, Oliver of the 53rd and Groover of the 99th:
A bill to amend Code Section 9-7-22 of the Official Code of Georgia Anno tated, relating to fees of an auditor, so as to provide that the fees of an audi tor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1405.

By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to change and revise extensively the provisions relating to actions by the administrator of the "Fair Business Practices Act of 1975".

The following amendment was read and lost:

Representative Groover of the 99th moves to amend HB 1405 as follows: Strike all on lines 17 through 27, page 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 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1263. By Representatives Colbert of the 23rd, Jackson of the 9th, Davis of the 45th, Walker of the 115th, Coleman of the 118th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road for traffic offenses, so as to pro vide that the driver of a motor vehicle who leaves the scene of an accident resulting in personal injury to or the death of a person shall be guilty of a felony.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change the penalties to be imposed on the driver of a motor vehicle who leaves the scene of an accident resulting in personal injury to or the death of a person; to change the provisions relating to offenses which must be charged as a state violation; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.

656

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking subsection (a) of Code Section 40-6-270, relating to the duty of a driver to stop and return to the scene of an accident, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver of any vehicle involved in an accident resulting in injury te er death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and in every event shall remain at the scene of the accident until he has fulfilled fulfilling the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary."
Section 2. Said chapter is further amended by adding in Article 12, relating to acci dents, immediately following Code Section 40-6-270, a new Code Section 40-6-270.1 to read as follows:
"40-6-270.1. (a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall in every event remain at the scene of the accident until fulfilling the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary.
(b) If such accident is the proximate cause of death or a serious injury as defined in Code Section 33-34-2, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
(c) (1) If such accident is not the proximate cause of death or a serious injury as defined in Code Section 33-34-2, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or impris oned for up to one year, or both;
(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or impris oned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convic tions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under this subsection will impose an eco nomic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section."
Section 3. Said chapter is further amended by striking subsection (a) of Code Section 40-6-376, relating to prosecution of provisions of the uniform rules of the road as local ordinances, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

THURSDAY, FEBRUARY 4, 1988

657

"(a) Any offense, except a violation of Code Section 40-6-270.1 or Code Section 40-6-393, which is a violation of a provision of this chapter and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the state statute or of the local ordinance. A violation of Code Section 40-6-270.1 or Code Section 40-6-393 shall be charged as a state violation."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 122, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 565. By Representative Johnson of the 72nd:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the Dis trict Attorneys' Retirement System, so as to change the number of years of creditable service necessary for vesting; to change the number of years of creditable service necessary for disability retirement.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 10.
The Bill, having received the requisite constitutional majority, was passed.

Representative Shepard of the 71st stated that he wished to be recorded as voting "nay" on HB 565.

HB 1046.

By Representative Johnson of the 72nd:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Envi ronmental Facilities Authority shall become members of the said retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all offi cers and employees of the Georgia Environmental Facilities Authority shall become mem bers of the said retirement system; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc.,

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being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-2-318 to read as follows:
"47-2-318. (a) As used in this Code section, the term: (1) 'Georgia Environmental Facilities Authority' or 'authority' means the Georgia
Environmental Facilities Authority established by Chapter 23 of Title 50, known as the 'Georgia Environmental Facilities Authority Act.'
(2) 'Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (5) of subsection (b) of Code Section 50-23-5.
(3) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the authority or its predecessor agency which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority.
(4) 'Predecessor agency' means the Georgia Development Authority provided for by Chapter 10 of Title 50.
(b) Effective July 1, 1988, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system.
(c) (1) This subsection shall apply only to an officer or employee of the authority holding office or employed on July 1, 1988, who, prior to becoming such an officer or employee or an officer or employee of the predecessor agency, had 11 or more years of creditable service under the retirement system for which contributions to the retire ment system have not been withdrawn.
(2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employ ment as an officer or employee of the authority or its predecessor agency, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees the employee contributions, plus accrued regular interest thereon, which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period. The authority shall be authorized to pay from any funds available to the authority the employer contributions, plus accrued regular interest thereon, which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall deter mine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so deter mined shall be the creditable service to which the member is entitled.
(3) The authority shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection in an amount, as determined by the board of trustees, which will fully fund as creditable service the total amount of prior employment of the officer or employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the authority, the officer or employee shall receive full creditable service under the retirement system for all prior employment as an officer or employee of the authority.
(4) An officer or employee of the authority who is subject to the provisions of this subsection shall have the same membership status under the retirement system which the person had during the person's previous service as a member of the retirement system. Nothing in this subsection shall be construed to limit the right of an officer or employee of the authority who is subject to the provisions of this subsection to retain or reestablish creditable service for previous service as a member of the retire ment system.
(d) Any officer or employee of the authority who was already a member of the retire ment system on July 1, 1988, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July

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659

1, 1988, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service.
(e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pur suant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334.
(f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Georgia Environmental Facilities Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
Section 2. This Act shall become effective on July 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Agriculture and Consumer Affairs:

HB 1591.

By Representatives Greene of the 130th and Hanner of the 131st:
A bill to amend Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, so as to provide for the mediation of farm debt; to provide a short title; to provide for definitions; to create the Georgia Media tion Bureau and provide for a director, assistant director, employees, media tors, offices, powers, duties, and authority related thereto.

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

HB 1321. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Anno tated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to cor rect certain references.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1512.

By Representative Lane of the 27th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Anno tated, relating to definitions relating to the Joint Municipal Employees Bene fit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offer retirement and employee benefits to employees of the authority; to change the definition of the term "employer".

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1451.

By Representatives Johnson of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and Holcomb of the 72nd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 382. By Representatives Lane of the lllth, Long of the 142nd, Dobbs of the 74th, Coleman of the 118th, Greene of the 130th and others:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Anno tated, relating to reestablishing creditable service under the Teachers Retire ment System of Georgia for membership service for which contributions have been withdrawn, so as to provide additional authority for the reestablishment of such creditable service.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, so as to provide addi tional authority for the reestablishment of such creditable service; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, is amended by desig nating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows:
"(b) A member who has withdrawn contributions from the retirement system not more than four times may reestablish creditable service for the membership service represented by the withdrawn contributions, subject to the following conditions and requirements:
(1) At the time of making application for the reestablishment of the creditable service, the member must have at least 15 years of creditable service and at least ten years of active membership service since the last withdrawal of contributions from the retirement system; and

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661

(2) The member must pay to the board of trustees an amount equal to the with drawn contributions plus interest thereon at the rate of regular interest plus 2 percent compounded annually from the date of the withdrawal of the contributions to the date of payment to the board of trustees."
Section 2. This Act shall become effective on July 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1446.

By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Ramsey of the 3rd, Milford of the 13th and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to non commercial fishing, so as to prohibit the use of sport trotlines within one-half mile below any lock or dam on any fresh waters 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 ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1518.

By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1467.

By Representative Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change provisions relating to the suspension of a driver's license for the fail ure to respond to a citation; to add to the list of offenses for which a proba tionary licensee may have the license revoked.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1365.

By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public prop erty, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public property, so as to provide that state agencies and state authorities may not sell, exchange, or lease for more than three years real property without the prior approval of the General Assembly; to provide for definitions; to provide for exceptions to such requirement; to provide for other matters relative to the foregoing; to provide that this Act shall not apply to the sale, exchange, or lease of real property by a state agency or state authority which is completed prior to a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public property, is amended by adding immediately following Code Section 50-16-3 a new Code Section 50-16-3.1 to read as fol lows:
"50-16-3.1. (a) As used in this Code section, the term: (1) 'Lease' means a written instrument under the terms and conditions of which
one party (lessor) out of its own estate grants and conveys to another party or parties (lessee) an estate for years retaining a reversion in itself after such grant and convey ance.
(2) 'Local authority' means a public authority created by general law set forth in this Code but which is activated by resolution or ordinance of a county or municipal ity and the term 'local authority' also means any public authority created by a local law or by a general law which creates a public authority within or for political subdivi sions having a specified population or range of population according to a United States decennial census.
(3) 'State agency' means any department, division, board, commission, bureau, or other agency of any branch of the state government.
(4) 'State authority' means any public authority created by the general laws of this state as set forth in this Code, except a local authority. (b) The provisions of any other law of this state to the contrary notwithstanding, no state agency or state authority, except the Board of Regents of the University System of Georgia, shall be authorized to sell, exchange, or lease for more than three years any real property owned by the state agency or state authority or under the control or juris diction of a state agency or state authority without first obtaining the approval of the General Assembly of Georgia; provided, however, this prohibition shall not apply to the sale or other disposition of real property by a state authority when such real property is necessary for a public road right of way. Such approval shall be granted by joint reso lution of the General Assembly. Such joint resolution may require the sale, exchange, or lease of real property by a state agency or state authority to be approved by the State Properties Commission. (c) Subsection (b) of this Code section shall not be construed to grant authority to any state agency or state authority to lease real property owned by the state agency or state authority or under the control or jurisdiction of a state agency or state authority for three years or less if the state agency or state authority does not have the power to lease such real property independently of subsection (b) of this Code section."

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663

Section 2. This Act shall not apply to any sale, exchange, or lease of real property by a state agency or state authority which is completed prior to July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 1365 as follows:
By striking on Line 22, Page 2 the word "three" and inserting "five",
and by amending the caption accordingly.

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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1531.

By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to repeal the provisions relating to investigation and present ment of a list of persons who hinder, obstruct, or interfere with a sheriff, constable, or other officer to the grand jury of the county and the penalty for failure of an officer to make such report.

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

HB 1530.

By Representatives Lawson of the 9th, Wood of the 9th and Jackson of the 9th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Anno tated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in civil cases.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1530 by striking on line 15 of page 1 and line 17 of page 1 the following:
"25.00",
and inserting in lieu thereof the following: "20.00".

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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 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 443. By Representative Hamilton of the 124th:
A bill to amend Code Section 46-2-10 of the Official Code of Georgia Anno tated, relating to payment of a special fee by corporations and utilities subject to jurisdiction of the Public Service Commission, so as to require all public service corporations and utilities subject to the jurisdiction of the Public Service Commission to pay special fees in an amount sufficient to cover the operating cost of the commission.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to the jurisdiction of the Public Service Commission, so as to change the amount of state revenue to be produced by such fees; 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. Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to the jurisdiction of the Public Service Commission, is amended by striking subsections (a) and (b) thereof and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property, as ascertained by the last preceding state tax assessment, and shall be appor tioned among such public service corporations or utilities upon the basis of such valua tion so as to produce a revenue of $660,000.00 $850,000.00 per annum.
(b) Not later than December 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid te into the general fund of the state by January 20 of the following year. Such sum of $660,000.00 $850,000.00 shall be avail able for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 98, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Wall of the 61st and Shepard of the 71st wished to be recorded as voting "nay" on HB 443.

THURSDAY, FEBRUARY 4, 1988

665

Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 896 Do Pass, by Substitute
Respectfully submitted, /s/ Johnson of the 72nd
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.

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Representative Hall, Atlanta, Georgia Friday, February 5, 1988

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 Leon M. Jeffords, Pastor, First Presbyterian Church, Douglasville, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1626. By Representatives Colwell of the 4th, Foster of the 6th, Jackson of the 83rd and Greene of the 130th: A bill to amend Code Section 50-16-34 of the Official Code of Georgia Anno tated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisi tion related services to or for state agencies, state authorities, and other instrumentalities of the state.
Referred to the Committee on State Institutions & Property.
HB 1627. By Representatives Barnett of the 10th and Yeargin of the 14th: A bill to amend Code Section 24-10-60 of the Official Code of Georgia Anno tated, relating to issuance of an order requiring a prisoner's delivery to serve as a witness or criminal defendant, so as to provide procedures for the delivery of a prisoner under a sentence of death as a witness.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 5, 1988

667

HB 1628. By Representatives Pannell of the 122nd, Childers of the 15th, Triplett of the 128th, Chambless of the 133rd, Coleman of the 118th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to exempt from Medicaid utilization payment limits certain hospitals which serve a disproportionate number of low-income patients, which have certain charges which exceed patient revenues, or which are children's hospitals.
Referred to the Committee on Health & Ecology.

HB 1629. By Representatives Coleman of the 118th, Twiggs of the 4th, Hanner of the 131st and Couch of the 40th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the "Bus Passenger Safety Act," so as to provide for legislative findings; to change the provisions relating to defini tions; to provide that certain provisions will apply to railroad and rapid tran sit systems as well as to bus transportation.
Referred to the Committee on Motor Vehicles.

HB 1630. By Representatives Wilder of the 21st, Gresham of the 21st, Barnett of the 59th, Cox of the 141st, Parham of the 105th and others:
A bill to amend Code Section 16-5-1 of the Official Code of Georgia Anno tated, relating to murder, so as to provide that a person who commits the offense of AIDS battery or aggravated AIDS battery which results in the death of the person against whom the offense is committed, will have committed the offense of murder irrespective of malice.
Referred to the Committee on Judiciary.

HB 1631. By Representatives Isakson of the 21st and Chambless of the 133rd:
A bill to amend Code Section 14-3-330 of the Official Code of Georgia Anno tated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report.
Referred to the Committee on Judiciary.

HB 1632. By Representatives Mueller of the 126th, Alien of the 127th, Triplett of the 128th, Bannister of the 62nd and Floyd of the 154th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to provide for exemptions from jury duty for certain police and other law enforcement officers.
Referred to the Committee on Judiciary.

HB 1633. By Representatives Thompson of the 20th, Clark of the 20th, Hensley of the 20th, Isakson of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators; to change the number of assistant district attor neys; to change the provisions relative to the compensation of the chief investigator.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1634. By Representative Holmes of the 28th: A bill to provide for urban enterprise zones in the City of Atlanta.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1635. By Representative Lawson of the 9th:
A bill to amend Code Section 9-12-135 of the Official Code of Georgia Anno tated, relating to fees for filing foreign judgments, Code Section 15-6-77, relating to fees of clerks of the superior court, and Code Section 19-13-3, relating to petitions for relief from family violence, so as to delete certain specific monetary fees, to include these fees in the listing of fees of clerks of the superior courts, and to incorporate those fees by reference.
Referred to the Committee on Judiciary.

HB 1636. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
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 listings of con trolled substances and dangerous drugs.
Referred to the Committee on Health & Ecology.

HB 1637. By Representative Connell of the 87th:
A bill to provide that the governing authority of Richmond County and the City of Augusta shall be a board of commissioners consisting of ten members and a mayor-chariman; to provide for a mayor-chairman pro tempore.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1638. By Representative McDonald of the 12th:
A bill to amend Code Section 45-18-30 of the Official Code of Georgia Anno tated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee.
Referred to the Committee on Industrial Relations.

HB 1639. By Representative McDonald of the 12th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of the superior court of Jackson County in the Piedmont Circuit.
Referred to the Committee on Judiciary.

HR 747. By Representatives Connell of the 87th, Ransom of the 90th, Padgett of the 86th, Jackson of the 83rd, Brown of the 88th and others:
A resolution designating the Savannah River Scenic Highway.
Referred to the Committee on Transportation.

FRIDAY, FEBRUARY 5, 1988

669

HR 748. By Representatives Moore of the 139th, Branch of the 137th, Moody of the 153rd, Crawford of the 5th, Jamieson of the llth and others:
A resolution proposing an amendment to the Constitution so as to provide that general Acts of the General Assembly causing an increase in expendi tures by counties or municipalities shall not become effective until the first day of January following their enactment and to authorize the General Assembly to provide for procedures for estimating fiscal impact.
Referred to the Committee on State Planning & Community Affairs.

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

HB 1646. By Representatives Williams of the 48th, Richardson of the 52nd, Davis of the 45th, Mangum of the 57th, Lawrence of the 49th and others:
A bill to provide that each resident of the DeKalb County School District who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School Dis trict ad valorem taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1612 HB 1613 HB 1614 HB 1615 HB 1616 HB 1617 HB 1618 HB 1619 HB 1620 HB 1621 HB 1624 HR 730

HR 731 HR 746 SB 197 SB 432 SB 438 SB 479 SB 494 SB 499 SB 508 SB 569 SR 267 SR 272

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1483 Do Pass
Respectfully submitted, /a/ Childers of the 15th
Chairman

Representative Milford of the 13th District, Chairman of the Committee on Industrial Relations, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 414 Do Pass
Respectfully submitted, /s/ Milford of the 13th
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 House and has instructed me to report the same back to the House with the following recommendations:

HB 1456 Do Pass HB 1536 Do Pass, by Substitute HB 1571 Do Pass, by Substitute

HB 1577 Do Pass, as Amended HB 1604 Do Pass, by Substitute

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

Representative Peters of the 2nd District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1482 Do Pass
Respectfully submitted, /s/ Peters of the 2nd
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1543 Do Pass, by Substitute HB 1411 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

FRIDAY, FEBRUARY 5, 1988

671

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1479 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 635 Do Pass HB 1558 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 151st
Chairman

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

Mr. Speaker:

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

HB 1595 Do Pass HB 1602 Do Pass

HB 1609 Do Pass HB 1625 Do Pass

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

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

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1160 Do Pass, by Substitute HB 1278 Do Pass HB 1280 Do Pass HB 1417 Do Pass

HB 1418 Do Pass HB 1419 Do Pass HB 1464 Do Pass

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Respectfully submitted, Is/ Wilson of the 20th
Chairman

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

HB 1595.

By Representative Moultrie of the 93rd:
A bill to amend an Act creating the board of commissioners of Harris County, so as to change the compensation and expenses of the chairman and the 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 1602.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County; to provide for the term, filling of vacancies, and compensation for the office of chief magistrate.

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

HB 1609.

By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th and Milford of the 13th:
A bill to create the Classic Center Authority for Clarke County, Georgia, so as to provide for the public purpose 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.

By unanimous consent, HB 1609 was ordered immediately transmitted to the Senate.

HB 1625.

By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to create the Cobb County Commission on Children and Youth; to pro vide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds.

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

FRIDAY, FEBRUARY 5, 1988

673

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

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

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

HB 1560.

By Representative Waldrep of the 80th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to change the terms of the members of the board of commis sioners; to provide for staggered terms.

SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions with respect to tuition equalization grants at private colleges and universities, so as to change the definition of the term "full-time student"; to provide an effective date.

SB 492. By Senator Mine of the 52nd:
A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Anno tated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.

SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to compensation of court bailiffs, so as to change the provi sions relative to such compensation.

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Anno tated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricul tural operations as nuisances; to provide a declaration of policy.

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

HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.

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

SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Superintendent and for the appointment of said commissioner of edu cation by the State Board of Education and for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection.

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.

HR 738. By Representatives Johnson of the 123rd, Kilgore of the 42nd, Reaves of the 147th, Lee of the 72nd, Couch of the 40th and others:
A resolution relative to the "Good Eating in Georgia" menu.

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

SB 542. By Senator Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census so as to change the jurisdiction of said court; to provide for all related matters; to provide for an effective date.

SB 546. By Senators Dean of the 31st and Garner of the 30th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to provide for grants to municipal corporations and counties for jails and correctional institutions; to provide for confirmation and ratification of prior grants; to provide for cooperative agreements between the department and municipal corporations and counties.

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

SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions with respect to tuition equalization grants at private colleges and universities, so as to change the definition of the term "full-time student"; to provide an effective date.
Referred to the Committee on University System of Georgia.

FRIDAY, FEBRUARY 5, 1988

675

SB 492. By Senator Hine of the 52nd:
A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Anno tated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.
Referred to the Committee on Judiciary.

SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to compensation of court bailiffs, so as to change the provi sions relative to such compensation.
Referred to the Committee on Judiciary.

SB 542. By Senator Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census so as to change the jurisdiction of said court; to provide for all related matters; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 546. By Senator Dean of the 31st:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to provide for grants to municipal corporations and counties for jails and correctional institutions; to provide for confirmation and ratification of prior grants; to provide for cooperative agreements between the department and municipal corporations and counties.
Referred to the Committee on State Institutions & Property.

SB 570. By Senators McGill of the 24th, Kennedy of the 4th, English of the 21st and others:
A bill to amend Chapter 1 of Title 41 of the Official Code of Georgia Anno tated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricul tural operations as nuisances; to provide a declaration of policy.
Referred to the Committee on Agriculture & Consumer Affairs.

SR 270. By Senators Foster of the 50th, Barnes of the 33rd, McKenzie of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Superintendent and for the appointment of said commissioner of edu cation by the State Board of Education and for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Education.

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The following Resolution of the House was read and adopted:

HR 750. By Representative Murphy of the 18th: A resolution commending the Georgia Amateur Athletics Foundation.

By unanimous consent, HR 750 was ordered immediately transmitted to the Senate.

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

HR 546. By Representative Lane of the 27th:
A resolution Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide procedures for the governing authorities of counties and municipalities to delegate their planning and zoning powers to independent planning and zoning commissions.

Representative Lane of the 27th moved that further consideration of HR 546 be post poned until February 15, 1988.
The motion prevailed.

HB 1580. By Representatives Greer of the 39th, Martin of the 26th and Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Transit Author ity Act of 1965," so as to give the Authority power to contract for cleaning, maintenance, and landscaping services by negotiation and to make purchases without competitive bidding in certain cases in which the state or federal government has in effect a contract for like purchases.

The following amendments were read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1580 by striking on line 1 of page 2 the following:
"The",
and inserting in its place the following:
"Whenever it is determined by the Board that it is in the best financial interest of the Authority, the".

Representative Martin of the 26th moves to amend HB 1580, as follows:
By adding on Line 20, of page 1, after the word "of the following: "real".

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 Adams.M

Aiken
Y Alford N Alien

Y Athon
N Atkins Y Bailey

N Balkcom
Y Bannister Y Bargeron

Y Barnett,B
N Barnett.M Y Beck

FRIDAY, FEBRUARY 5, 1988

677

Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch N Brooks N Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers N Clark.B N Clark.H
Clark.L Y Colbert
Coleman Colwell
Y Connell Y Couch YCox Y Crawford Y Crosby
Cummings.B Cummings.M N Davis.G N Davis.M Y Dixon

Dobbs Dover
YDunn Y Edwards Y Felton Y Floyd
Foster Y Galer
Godbee N Goodwin Y Green Y Greene Y Greer Y Gresham N Griffin Y Groover N Hamilton
Hanner Y Harris
Y Hasty Y Heard N Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson Isakson N 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 N Lawson YLee Y Linder
Long YLord N Lucas Y Lupton N Mangum Y Martin Y McCoy N McDonald N McKelvey
Y McKinney N Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler N Moultrie Y Mueller Y Oliver.C Y Oliver.M N Orrock

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

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

On the passage of the Bill, as amended, the ayes were 114, nays 39.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Cheeks of the 89th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Isakson of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Clark of the 55th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to HB 1580, as amended.

HB 1558.

By Representatives McDonald of the 12th, Stancil of the 66th and Pettit of the 19th:
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 farm wineries shall be authorized to sell wine during certain hours on Sunday.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the distribution and sale of wine,

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so as to provide that farm wineries which are licensed to sell wine in a tasting room or other facility on the premises of the winery within the county or municipality which issued the license shall be authorized to sell its wine during certain hours on Sunday to the same extent as its licenses would otherwise permit; 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 6 of Title 3 of the Official Code of Georgia Anno tated, relating to state license requirements and regulations for the distribution and sale of wine, is amended by adding a new Code Section 3-6-21.2, immediately following Code Section 3-6-21.1, to read as follows:
"3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery on the premises of the winery and in all municipalities in which the sale of wine is lawful by a farm winery on the premises of the winery, a farm winery which is licensed to sell its wine in a tast ing room or other facility on the premises of the winery within the county or municipal ity, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other facility on the premises of the winery, to the same extent as its licenses would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided herein on any other premises which are not actually located on the property where such farm wine is produced."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
N Adams.M 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 N Bostick Y Branch Y Brooks Y Brown Y Buck Y Buford N Byrd
Carrell Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
N Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby N Cummings.B
Cummings,M Y Davis.G
Davis,M Y Dixon
Dobbs Dover Y Dunn Y Edwards N Felton Y Floyd Y Foster Y Galer Godbee Y Goodwin Y Green Y Greene Y Greer N Gresham

Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty
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 Y Lane.D Y Lane,R Y Langford N Lawler Y Lawrence Y Lawson Y Lee Y Linder
Long Y Lord

Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald
N McKelvey McKinney
Y Meadows Milam
Y Milford Y Mobley Y Moody N Moore Y Morton N Mostiler Y Moultrie N Mueller Y Oliver.C
Oliver.M 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 N Ramsey.V
Y Randall Y Ransom Y Ray
Reaves Y Redding N Richardson N Ricketson Y Robinson Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield
Sizemore Y Smith.L Y Smith,P
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens

FRIDAY, FEBRUARY 5, 1988

679

Y Thomas.C Thomas.M Thompson
Y Thurmond Y Tolbert

Y Townsend Y Triplet!
Twiggs N Waddle Y Waldrep

Walker.C Y Walker.L N Wall Y Ware Y Watson

Watts White Y Wilder N Williams.B Williams,J

Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 132, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1366. By Representatives Porter of the 119th, Robinson of the 96th, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commod ities and commodity contracts and options.

The following Committee substitute was read and adopted:

A BILL
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commodities and commodity con tracts and options; to provide for definitions; to prohibit the solicitation of the purchase or sale of or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offering to enter into any commodity contract or any com modity option except under certain conditions; to provide for the exemption of certain persons and transactions; to provide for terms and conditions of transactions and con tracts; to prohibit certain activities relating to commodity activities; to provide for regis tration and licenses; to provide for the regulation of activities of commodity merchants, boards of trade, and persons acting as such; to prohibit certain fraudulent conduct or transactions; to provide for liability; to provide that certain laws shall not be affected; to provide for construction, implementation, and the purpose of the laws relating to commod ities enacted by this Act; to provide for administration and enforcement; to provide for investigations, subpoenas, hearings, practices, and procedures; to provide for evidence, testimony, and immunity; to provide for investigative agents and their powers and duties; to provide for judicial review; to provide for cease and desist orders, civil penalties, declaratory judgments, injunctions, restraining orders, actions for disgorgement, and actions for appointment of receivers and conservators; to provide for the power of courts to grant legal or equitable remedies; to provide for the Commissioner and his employees and agents and their duties, powers, compensation, and expenses; to provide for confiden tial information; to provide for venue; to provide for cooperation with other agencies and officials; to provide for rules, regulations, forms, and orders; to provide for applicability of certain provisions; to provide for penalties; 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 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding after Chapter 5 a new Chapter 5A to read as follows:
"CHAPTER 5A ARTICLE 1
10-5A-1. As used in this chapter, the term: (1) 'Board of trade' means any person or group of persons engaged in buying or
selling any commodity or receiving the same for sale on consignment, whether such person or group of persons is characterized as a board of trade, exchange, or other form of marketplace.

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(2) 'Commissioner' means the Commissioner of Securities. (3) 'Commodity' means, except as otherwise specified by the Commissioner by rule, regulation, or order, any agricultural, grain, or livestock product or by-product, any metal or mineral (including a precious metal set forth in paragraph (12) of this Code section), any gem or gemstone (whether characterized as precious, semi-precious, or otherwise), any fuel (whether liquid, gaseous, or otherwise), any foreign currency, all other goods, articles, products, or items of any kind or any other 'commodity' as defined in the Commodity Exchange Act or Commodity Futures Trading Commission rule, provided that the term commodity shall not include (A) a numismatic coin whose fair market value is at least 15 percent higher than the value of the metal it contains, (B) real property or any timber, agricultural, or livestock product grown or raised on real property and offered or sold by the owner or lessee of such real property, or (C) any work of art offered or sold by art dealers, at public auction, or through a private sale by the owner thereof. (4) 'Commodity contract' means any account, agreement, or contract for the pur chase or sale, primarily for speculation or investment purposes and not for use or con sumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether or not delivery is intended by the par ties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. Any commodity contract offered or sold, in the absence of evidence to the contrary, shall be presumed to be offered or sold for spec ulation or investment purposes. A commodity contract shall not include any contract or agreement which requires, and under which the purchaser receives, physical delivery of the total amount of each commodity to be purchased under the contract or agreement within 29 calendar days from the date of payment in good funds of any portion of the purchase price. (5) 'Commodity Exchange Act' means the act of Congress codified at 7 U.S.C. Section 1, et seq., known as the Commodity Exchange Act, as amended to July 1, 1988, and all subsequent amendments, additions, or other revisions thereto. (6) 'Commodity Futures Trading Commission' means the independent regulatory agency designated by Congress to administer the Commodity Exchange Act. (7) 'Commodity Futures Trading Commission rule' means any rule, regulation, or order of the Commodity Futures Trading Commission in effect on July 1, 1988, and all subsequent amendments, additions, or other revisions thereto. (8) 'Commodity merchant" means any of the following, as defined or described in the Commodity Exchange Act or by Commodity Futures Trading Commission rule:
(A) Futures commission merchant; (B) Commodity pool operator; (C) Commodity trading advisor; (D) Introducing broker; (E) Leverage transaction merchant;
(F) An associated person of any of the foregoing;
(G) Floor broker; and
(H) Any other person (other than a futures association) required to register with the Commodity Futures Trading Commission.
(9) 'Commodity option' means any account, agreement, or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or both, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or other wise, but shall not include an option traded on a national securities exchange regis tered with the United States Securities and Exchange Commission.
(10) 'Financial institution' means a bank, savings institution, or trust company organized under, or supervised pursuant to, the laws of the United States or of any state.
(11) 'Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by

FRIDAY, FEBRUARY 5, 1988

681

a security, an unincorporated organization, a government, or a political subdivision of a government, but shall not include a contract market designated by the Commodity Futures Trading Commission or any clearing-house thereof or a national securities exchange registered with the Securities and Exchange Commission (or any employee, officer, or director of such contract market, clearing-house, or exchange acting solely in that capacity).
(12) 'Precious metal' means the following in either coin, bullion, or other form: (A) Silver; (B) Gold; (C) Platinum; (D) Palladium; (E) Copper; and (F) Such other items as the Commissioner may specify by rule, regulation, or
order. 10-5A-2. Except as otherwise provided in Code Section 10-5A-3 or 10-5A-4, no person shall solicit the purchase or sale of or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into as seller or purchaser any commodity contract or any commodity option. 10-5A-3. The prohibitions in Code Section 10-5A-2 shall not apply to any transaction offered by and in which any of the following persons or any employee, officer, or direc tor thereof acting solely in that capacity is the purchaser or seller:
(1) A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;
(2) A person registered with the Securities and Exchange Commission as a brokerdealer whose activities require such registration;
(3) A person affiliated with, and whose obligations and liabilities under the trans action are guaranteed by, a person referred to in paragraph (1) or (2) of this Code section;
(4) A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearing-house thereof;
(5) A financial institution;
(6) A person registered under the laws of this state as a securities broker-dealer whose activities require such registration; or
(7) A person engaged in business as a bullion or precious metals dealer having and maintaining a net worth of at least $500,000.00, provided that such person has filed with the Commissioner a sworn statement, in form and substance satisfactory to the Commissioner, that such person meets the minimum net worth requirement and that such person will notify the Commissioner immediately in the event its net worth falls below $500,000.00.
The exemption provided by this Code section shall not apply to any transaction or activ ity which is prohibited by the Commodity Exchange Act or Commodity Futures Trading Commission rule.
10-5A-4. (a) The prohibitions in Code Section 10-5A-2 shall not apply to the follow ing:
(1) An account, agreement, or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act;
(2) A commodity contract or the purchase of one or more precious metals which requires, and under which the purchaser receives within seven calendar days from the date of payment in good funds of any portion of the purchase price, physical delivery of the quantity of the precious metals purchased by such payment, provided that, for purposes of this paragraph, physical delivery shall be deemed to have occurred if, within such seven-day period, such quantity of precious metals purchased by such payment is delivered (whether in specifically segregated or fungible bulk form) into the possession of a depository (other than the seller) which is either (A) a financial institution, (B) a depository the warehouse receipts of which are recognized for

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delivery purposes for any commodity on a contract market designated by the Com modity Futures Trading Commission, (C) a storage facility licensed or regulated by the United States or any agency thereof, or (D) a depository designated by the Commissioner, and such depository (or other person which itself qualifies as a deposi tory) issues and the purchaser receives a certificate, document of title, confirmation, or other instrument evidencing that such quantity of precious metals has been deliv ered to the depository and is being and will continue to be held by the depository on the purchaser's behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser;
(3) A commodity contract solely between persons engaged in producing, processing, using commercially, or handling as merchants each commodity subject thereto or any by-product thereof; or
(4) A commodity contract under which the offeree or the purchaser is a person referred to in Code Section 10-5A-3, an insurance company, or an investment company
as defined in the Investment Company Act of 1940. (b) The Commissioner may issue rules, regulations, or orders prescribing the terms and conditions of all transactions and contracts covered by the provisions of this chapter which are not within the exclusive jurisdiction of the Commodity Futures Trading
Commission as granted by the Commodity Exchange Act, exempting any person or transaction from any provision of this chapter conditionally or unconditionally, and
otherwise implementing the provisions of this chapter for the protection of purchasers and sellers of commodities.
10-5A-5. (a) No person shall engage in a trade or business or otherwise act as a
commodity merchant unless such person:
(1) Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired or been suspended or
revoked; or (2) Is exempt from such registration by virtue of the Commodity Exchange Act or
of a Commodity Futures Trading Commission rule. (b) No board of trade shall trade or provide a place for the trading of any commodity
contract or commodity option required to be traded on or subject to the rules of a con tract market designated by the Commodity Futures Trading Commission unless such
board of trade has been so designated for such commodity contract or commodity option and such designation shall not have been vacated, suspended, or revoked.
10-5A-6. No person shall directly or indirectly: (1) Cheat or defraud, or attempt to cheat or defraud, any other person or employ
any device, scheme, or artifice to defraud any other person; (2) Willfully make any false report, enter any false record, or make any untrue
statement of a material fact or fail to state a material fact necessary in order to make
the statements made, in the light of the circumstances under which they were made, not misleading;
(3) Engage in any transaction, act, practice, or course of business, including, with out limitation, any form of advertising or solicitation, which operates or would operate
as a fraud or deceit upon any person; or (4) Willfully misappropriate or convert the funds, security, or property of any
other person in connection with the solicitation of a purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of any commodity contract or commodity option subject to the provisions of Code Section 10-5A-2, Code
Section 10-5A-3, or paragraph (2) or (4) of subsection (a) of Code Section 10-5A-4.
10-5A-7. (a) The act, omission, or failure of any official, agent, or other person act ing for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual,
association, partnership, corporation, or trust, as well as of such official, agent, or other person.
(b) Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer, or director of such other person, every

FRIDAY, FEBRUARY 5, 1988

683

person occupying a similar status or performing similar functions, and every employee of such other person who materially aids in the violation is also liable jointly and sever ally with and to the same extent as such other person, unless the person who is also liable by virtue of this subsection sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.
10-5A-8. Nothing in this chapter shall impair, derogate, or otherwise affect the authority or powers of the Commissioner under Chapter 5 of this title, known as the 'Georgia Securities Act of 1973,' or the application of any provision of such chapter to any person or transaction subject to such chapter.
10-5A-9. This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts, and to maximize coordination with federal laws and the laws of other states and the administration and enforcement thereof. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this chapter.
ARTICLE 2
10-5A-20. (a) The Commissioner at his discretion: (1) May make such public or private investigations within or outside of this state
as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of this chapter or in the prescribing of rules and regulations under this chapter;
(2) May require or permit any person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) May publish information concerning any violation of this chapter or any rule, regulation, or order under this chapter. (b) (1) For the purpose of conducting any investigation as provided in this Code section, the Commissioner shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Commissioner is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. Such sub poenas may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Commis sioner or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Commissioner in the same manner that other expenses of the Commissioner are paid.
(2) The Commissioner may issue and apply to enforce subpoenas in this state at the request of a securities agency or commissioner of another state if the activities constituting an alleged violation for which the information is sought would be a viola tion of this chapter if the activities had occurred in this state. (c) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior court of appropriate jurisdiction, upon application by the Commissioner, may issue to the person any order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the sub poena. Failure to obey a subpoena may be punished by the court as contempt of court. (d) In the case of any investigation conducted under this Code section, the Commis sioner may hold hearings or he may appoint an investigative agent to conduct the hear ings who shall have the same powers and authority in conducting the hearings as are granted to the Commissioner in this Code section. The agent shall possess such qual ifications as the Commissioner may require. A transcript of the testimony and evidence and objections resulting from such hearings shall be taken unless waived in writing by

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all parties present at the hearings. Copies of the transcript shall be available to all par ties present at the hearing upon payment of the reasonable expense of reproducing the transcript. All recommendations of the investigative agent shall be advisory only and shall not have the effect of an order of the Commissioner.
(e) In any case where a hearing is conducted by an investigative agent, he shall submit to the Commissioner a written report, including the transcript of the testimony in evidence if requested by the Commissioner, the findings of the hearing, and a recom mendation of the action to be taken by the Commissioner. The recommendation of the agent shall be approved, modified, or disapproved by the Commissioner. The Commis sioner may direct an investigative agent to take additional testimony or permit introduc tion of further documentary evidence.
(f) In addition to any other hearings and investigations which the Commissioner is authorized or required to hold by this chapter, the Commissioner is also authorized to hold general investigative hearings on his own motion with respect to any matter under this chapter. A general investigative hearing as provided for in this subsection may be conducted by any person designated by the Commissioner for that purpose and may, but need not, be transcribed by the Commissioner or by any other interested party. No formal action may be taken as a result of such investigative hearing; but the Commis sioner may take such action as he deems appropriate, based on the information devel oped in the hearing and on any other information which he may have.
(g) The Commissioner may disclose information obtained in connection with an investigation under this Code section to the extent provided in this Code section and if disclosure is for the purpose of a civil, administrative, or criminal investigation or pro ceeding by a securities agency or law enforcement agency and the receiving agency represents that, under the applicable law, protections exist to preserve the integrity, con fidentiality, and security of the information.
10-5A-21. (a) If the Commissioner believes, whether or not based upon an investi gation conducted under Code Section 10-5A-20, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order issued under this chapter, the Commissioner may:
(1) Issue a cease and desist order; (2) Issue an order imposing a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings; or (3) Initiate any of the actions specified in subsection (b) of this Code section, (b) The Commissioner may institute any of the following actions in the appropriate courts of this state or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available: (1) A declaratory judgment; (2) An action for a prohibitory or mandatory injunction to enjoin the violation of and to ensure compliance with this chapter or any rule or order of the Commissioner; (3) An action for disgorgement; or
(4) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.
10-5A-22. (a) (1) Upon a proper showing by the Commissioner that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the Commissioner, a superior court of appropriate jurisdiction may grant appropriate legal or equitable remedies.
(2) Upon a showing of a violation of this chapter or a rule or order of the Commis sioner, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:
(A) Imposition of a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings;
(B) Disgorgement;

FRIDAY, FEBRUARY 5, 1988

685

(C) Declaratory judgment; (D) Restitution to investors wishing restitution; and (E) Appointment of a receiver or conservator for the defendant or the defendant's assets.
(3) Appropriate remedies when the defendant is shown only about to violate this chapter or a rule or order of the Commissioner shall be limited to:
(A) A temporary restraining order;
(B) A temporary or permanent injunction; (C) A writ of prohibition or mandamus; or
(D) An order appointing a receiver or conservator for the defendant or the defendant's assets.
(b) The court shall not require the Commissioner to post a bond in any official action under this chapter.
(c) (1) Upon a proper showing by the commissioner or securities or commodity agency of another state that a person other than a government or governmental agency or instrumentality has violated, or is about to violate, any provision of the commodity act of that state or any rule or order of the commissioner or securities or commodity agency of that state, a superior court of appropriate jurisdiction may grant appropriate legal and equitable remedies.
(2) Upon a showing of a violation of the securities or commodity act of a foreign state or a rule or order of the commissioner or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:
(A) Disgorgement; and
(B) Appointment of a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state. (3) Appropriate remedies when the defendant is shown only about to violate the securities or commodity act of the foreign state or a rule or order of the commissioner or securities or commodity agency of the foreign state shall be limited to:
(A) A temporary restraining order;
(B) A temporary or permanent injunction; (C) A writ of prohibition or mandamus; or
(D) An order appointing a receiver, conservator, or ancillary receiver or con servator for the defendant or the defendant's assets located in this state.
10-5A-23. For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the issuer's principal place of business in this state, and in any county in which any vio lator had control or possession of any proceeds of the violation or of any books, records, documents, or other material or objects which were used in furtherance of the violation.
10-5A-24. (a) This chapter shall be administered by the office of the Secretary of State who is designated Commissioner of Securities.
(b) The Commissioner shall have authority to employ examiners, clerks, stenogra phers, and other employees as the administration of that portion of this chapter vested in him may require. The commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.
(c) The Commissioner and any persons employed by him shall be paid, in addition to their regular compensation, the transportation, board, lodging, and other travel expenses necessary and actually incurred by each of them in the performance of their duties under this chapter.

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(d) The Commissioner shall appoint, with the approval of the Governor, a person as assistant commissioner and delegate such of his powers and duties under this chapter to such assistant commissioner as he desires.
(e) Neither the Commissioner nor any employees of the Commissioner shall use any information which is filed with or obtained by the Commissioner which is not public information for personal gain or benefit, nor shall the Commissioner or any employees of the Commissioner conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.
(f) (1) Except as provided in paragraph (2) of this subsection, all information col lected, assembled, or maintained by the Commissioner is public information and is available for examination by the public.
(2) The following are exceptions to paragraph (1) of this subsection and are deemed to be confidential:
(A) Information obtained in private investigations pursuant to Code Section 10-5A-20;
(B) Information designated as confidential by any rule, regulation, or order of the Commissioner; and
(C) Information obtained from federal agencies which may not be disclosed under federal law. (3) The Commissioner in his discretion may disclose any information made con fidential under subparagraph (A) of paragraph (2) of this subsection to persons identi fied in subsection (a) of Code Section 10-5A-25. (4) No provision of this chapter either creates or derogates any privilege which exists at common law, by statute, or otherwise when any documentary or other evi dence is sought under a subpoena directed to the Commissioner or any employee of the Commissioner. 10-5A-25. (a) To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the Commissioner and the employees of the Commissioner may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Cana dian province or territory, or such other agencies administering laws similar to this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international orga nization of commodities or securities officials or agencies, and any governmental law enforcement agency. (b) The cooperation authorized by subsection (a) of this Code section shall include, but need not be limited to, the following: (1) Making joint examinations or investigations; (2) Holding joint administrative hearings; (3) Filing and prosecuting joint litigation; (4) Sharing and exchanging personnel;
(5) Sharing and exchanging information and documents;
(6) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases; and
(7) Issuing and enforcing subpoenas at the request of the agency administering laws similar to this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission, or the Securities and Exchange Commission if the information sought would also be subject to lawful sub poena for conduct occurring in this state.
10-5A-26. The Commissioner shall have the power to make such rules and regula tions from time to time as he may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
10-5A-27. (a) Code Sections 10-5A-2, 10-5A-5, and 10-5A-6 apply to persons who offer to sell or solicit a purchase when:

FRIDAY, FEBRUARY 5, 1988

687

(1) An offer to sell or solicitation of a purchase is made in this state; or (2) An offer to sell or solicitation of a purchase is made and accepted in this state. (b) Code Sections 10-5A-2, 10-5A-5, and 10-5A-6 apply to persons who offer to buy or solicit a sale when: (1) An offer to buy or solicitation of a sale is made in this state; or (2) An offer to buy or solicitation of a sale is made and accepted in this state. (c) For the purpose of this Code section, an offer to sell or to buy or a solicitation of a purchase or sale is made in this state, whether or not either party is then present in this state, when the offer or solicitation: (1) Originates from this state; or (2) Is directed by the offerer or solicitor to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer or solicitation. (d) For the purpose of this Code section, an offer to buy or to sell or solicitation of a sale or purchase is accepted in this state when acceptance: (1) Is communicated to the offerer or solicitor in this state; and (2) Has not previously been communicated to the offerer or solicitor, orally or in writing, outside this state; and acceptance is communicated to the offerer in this state, whether or not either party is then present in this state, when the offeree directs it to the offerer or solicitor in this state, reasonably believing the offerer or solicitor to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance. (e) An offer to sell or to buy or solicitation of a purchase or sale is not made in this state when: (1) The publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or
(2) A radio or television program originating outside this state is received in this state. 10-5A-28. (a) The Commissioner shall commence an administrative proceeding under this chapter by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing. (b) Upon entry of a notice of intent or summary order, the Commissioner shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, the Commissioner shall inform all interested parties of the date, time, and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the Commis sioner shall inform all interested parties that they have 30 business days from the entry of the order to file a written request for a hearing on the matter with the Commissioner and that the hearing will be scheduled to commence within 30 business day's after the receipt of the written request. (c) If the proceeding is pursuant to a summary order, the Commissioner, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the Commissioner's own motion. (d) If no hearing is requested and none is ordered by the Commissioner, the sum mary order will automatically become a final order after 30 business days.
(e) If a hearing is requested or ordered, the Commissioner, after notice of, and opportunity for, hearing to all interested persons, may modify or vacate the order or extend it until final determination.
(f) No final order or order after hearing may be returned without:
(1) Appropriate notice to all interested persons;
(2) Opportunity for hearing by all interested persons; and
(3) Entry of written findings of fact and conclusions of law.

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Every hearing in an administrative proceeding under this chapter shall be public unless the Commissioner grants a request joined in by all the respondents that the hearing be conducted privately.
10-5A-29. (a) Any person aggrieved by a final order of the Commissioner may obtain a review of the order in a superior court of appropriate jurisdiction by filing in court, within 60 days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition for review shall be served upon the Commissioner.
(b) Upon the filing of a petition for review, except where the taking of additional evidence is ordered by the court pursuant to subsection (e) or (f) of this Code section, the court shall have exclusive jurisdiction of the matter, and the Commissioner may not modify or set aside the order, in whole or in part.
(c) The filing of a petition for review under subsection (a) of this Code section does not, unless specifically ordered by the court, operate as a stay of the Commissioner's order, and the Commissioner may enforce or ask the court to enforce the order pending the outcome of the review proceedings.
(d) Upon receipt of the petition for review, the Commissioner shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under subsection (d) of Code Section 10-5A-28, the Commissioner shall certify and file in court the summary order and evidence of its service upon the parties to it and an affidavit certifying that no hear ing has been held and that the order became final pursuant to subsection (d) of Code Section 10-5A-28.
(e) If either the aggrieved party or the Commissioner applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the Commis sioner or other good cause, the court may order the additional evidence to be taken by the Commissioner under such conditions as the court considers proper.
(f) If new evidence is ordered taken by the court, the Commissioner may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.
(g) The court shall review the petition based upon the original record before the Commissioner as amended under subsections (e) and (f) of this Code section. The find ings of the Commissioner as to the facts, if supported by competent, material, and sub stantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce, or set aside the order, in whole or in part.
10-5A-30. It shall not be necessary to prove the negative as to any of the exemptions of this chapter in any complaint, information, indictment, writ, or proceeding brought under this chapter; and the burden of proof of any such exemption shall be upon the party claiming the same.
10-5A-31. (a) Any person who willfully violates any provision of this chapter shall be guilty of a felony and, upon conviction, shall be fined not more than $50,000.00 or imprisoned for not more than ten years, or both, for each violation.
(b) The Commissioner may refer such evidence as is available concerning violations of this chapter or any rule or order of the Commissioner to the Attorney General or the proper district attorney, who may, with or without such a reference from the Commis sioner, institute the appropriate criminal proceedings under this chapter."
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
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

FRIDAY, FEBRUARY 5, 1988

689

Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark,B Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings,B Y Cummings,M
Davis.G Y Davis.M Y Dixon

Dobbs Dover Y Dunn Edwards Y Felton Floyd
Y Foster Y Galer
Godbee Y Goodwin Y Green Y Greene Y Greer
Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty
Heard Y Hensley
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 Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey McKinney
Y Meadows Milam
Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M 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
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson 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 Y Smyre YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert 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,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

HB 1301.

By Representative Porter of the 119th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Anno tated, relating to the production of documents and things and entry upon land for inspection and other purposes, so as to exclude from production or inspection those documents which are confidential under certain mental health laws.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for inspection and other purposes, so as to provide that the provisions of such Code section shall not be deemed to repeal the confidentiality provided by certain other Code sections; 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. Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for inspection and other purposes, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall not be deemed to repeal the con fidentiality provided by Code Sections 37-3-166 concerning mental illness, 37-4-125 con cerning mental retardation, and 37-7-166 concerning alcohol and drug treatment."

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JOURNAL OF THE HOUSE,

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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 YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.G Y Davis.M
Dixon Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd 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 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 Y Mangum
Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Milam
Y Milford Y Mobley
Moody Y Moore
Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Pettit Y Phillips Pinkston Y Pittman Y Porter Y Powell Prichard Rainey Y Ramsey.T
Y Ramsey.V Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
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 Y Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Y Ware Watson
Y Watts White
Y Wilder Y Williams.B
Williams.J Y Wilson Y Wood
Workman Y Yeargin
Murphy,Spkr

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

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1247.

By Representatives Carter of the 146th and Bostick of the 138th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Anno tated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.

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

FRIDAY, FEBRUARY 5, 1988

691

Y Aaron Y Adams.G
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 Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.G
Davis,M Y Dixon
Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
N 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 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 Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C
Oliver.M
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
Ricketson Y Robinson 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 Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Wilder
Y Williams.B Williams,J
Y Wilson
YWood Workman
Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Foster of the 6th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1234.

By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commis sion, in its discretion, to deregulate or not provide a tariff on certain services of telecommunications companies.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discretion, to deregulate or detariff certain services of telecommunications companies subject to the jurisdiction of the commission and which are providing services currently regulated and subject to tariff by the commission in order that such telecommunications companies may respond to the forces of increasing competition; to provide procedures; to provide certain factors for the commission to consider in making a determination on an application for deregulation; to provide an exception; to provide that when the commission exempts a telecommunications service from all regulation by the commission, the investment, revenues, and expenses associated with the service shall not be considered by the commission in setting rates for

692

JOURNAL OF THE HOUSE,

the telecommunications company's regulated services; to provide for applicability; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, is amended by striking in its entirety Code Section 46-2-23, relating to the rate-making powers of the Georgia Public Service Commission generally, and insert ing in lieu thereof a new Code Section 46-2-23 to read as follows:
"46-2-23. (a) The commission shall have exclusive power to determine what are just and reasonable rates and charges to be made by any person, firm, or corporation subject to its jurisdiction.
(b) As to those telecommunications companies subject to the jurisdiction of the commission, the commission is not required to fix and determine specific rates, tariffs, or charges for the services offered by said telecommunications companies and in lieu thereof may on application of an interested party or on its own motion after public notice and hearing:
(1) Totally deregulate a service; (2) Totally eliminate any tariffs on a service; (3) Eliminate tariff rates for a service but retain tariffs for service standards and requirements; or (4) Eliminate tariff rates for a service but require that notice of any rate changes be provided to the commission. (c) In determining what actions, if any, are to be taken on applications under subsec tion (b) of this Code section, the commission shall conduct hearings at which it shall consider the following factors: (1) The extent to which competing telecommunications services are available from competitive providers in the relevant geographic market; (2) The ability of competitive providers to make functionally equivalent or substi tute services readily available; (3) The number and size of competitive providers of service; (4) The overall impact of the proposed regulatory change on the continued avail ability of existing services at just and reasonable rates; (5) The impact of the proposed regulatory change upon efforts to promote univer sal availability of basic telecommunications services at affordable rates and to permit telecommunications companies subject to the jurisdiction of the commission to respond to competitive thrusts; and (6) Such other factors as the commission may determine are in the public interest. (d) Nothing in this Code section shall authorize the application of subsection (b) of this Code section to any service unless functionally equivalent or substitute services are readily available from competitive providers in the relevant geographic market. This finding must be made on the record after public hearing. (e) When, pursuant to this Code section, the commission exempts a telecommunica tions service on or after the effective date of this subsection from all regulation by the commission: (1) All related investment shall be removed from the affected telecommunications company's rate base, and all related investment, revenues, and all related expenses associated with the service shall not be considered by the commission in setting rates for the telecommunications company's regulated services; and (2) No telecommunications company may use current revenues earned or expenses incurred in conjunction with services subject to regulation to subsidize services which are not regulated. The commission may adopt procedural rules as necessary to implement this subsection. (f) Any telecommunications service deregulated or detariffed under this Code section may be reregulated or resubjected to tariffing by the commission if the commission finds, through a proceeding initiated on its own or upon application by an interested party, that such reregulation or retariffing is in the public interest.

FRIDAY, FEBRUARY 5, 1988

693

(g) Nothing in this Code section shall be interpreted as requiring the commission to alter, amend, or repeal any rule or regulation which relates to any telecommunications company and which has been adopted by the commission or which is under consider ation for adoption by the commission as of the effective date of this Code section.
(h) Nothing in this Code section shall be interpreted as amending, modifying, alter ing, or repealing Chapter 6 of this title, known as the 'Georgia Radio Utility Act.'"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Steinberg of the 46th moves to amend the Committee substitute to HB 1234 as follows:
Page 3, line 22, delete section "(e)".
Representative Groover of the 99th moves to amend the Committee substitute to HB 1234 as follows:
By adding the following as a new sub-paragraph between lines 22 and 23, page 4:
"Nothing contained in this act shall prevent the commission from taking into con sideration such portion of the investment, revenues and related expenses of the de-regulated or de-tariffed service as it shall consider equitable and just and in the public interest, in establishing rates for or otherwise exercising its regulatory power with respect to such utilities' services which remain regulated or tariffed."
Representative Groover of the 99th moves to amend the Committee substitute to HB 1234 as follows:
(a) By adding on line 19 after the word services the following:
"to provide for reports;"
(b) By adding a new section to be numbered Section 2 to read as follows:
"Beginning one year after deregulation or eliminating tariffs on a service the utility will file within sixty days of such anniversary date with the commission a report showing the rates or tariffs for such service on the effective date of deregulation or de-tariffing and the rates or tariffs on the anniversary date. Such reports will continue to be filed on an updated basis annually for a period of five years. The commission may prescribe the form and content of such reports. The commission will thereafter as soon as practicable file a summary of the results and contents of such reports with the Industry Committee of the House and the Public Utilities Committee of the Senate."
and by renumbering the remaining sections accordingly.

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

Y Aaron Y Adams.G
Adams,M

Aiken Y Alford Y Alien

Y Athon Y Atkins
Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett.B Y Barnett.M Y Beck

694

JOURNAL OF THE HOUSE,

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks N Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Clark.B Y Clark.H Y Clark.L Y Colbert
Y Coleman Colwell Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M 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
Heard Y Hensley Y Herbert
Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W
Jamieson Y Johnaon,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 YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock

Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston N Pittman
Y Porter Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson N Royal
Selman Y Shepard N 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 Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J N Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Ramsey of the 3rd 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.

HR 702. By Representative Langford of the 7th:
A resolution authorizing the leasing of certain state owned property located in Gordon County.

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 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read and adopted:

HR 751. By Representatives Moore of the 139th, Birdsong of the 104th, Murphy of the 18th, Jamieson of the llth, Moody of the 153rd and others:
A resolution commending the Honorable Thomas D. Moreland.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on
Human Relations and Aging:

FRIDAY, FEBRUARY 5, 1988

695

HR 721. By Representatives Redding of the 50th and Orrock of the 30th:
A resolution encouraging home builders and developers of single-family resi dences and residential condominiums to construct some houses, buildings, and related areas in a manner to provide minimal levels of accessibility to accommodate disabled and older persons.

The Speaker assumed the Chair.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1440. By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Manner of the 131st and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Anno tated, relating to killing of deer which have no antlers visible, so as to pro vide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.

The following amendment was read and adopted:

The Committee on Game, Fish and Recreation moves to amend HB 1440 by striking from line 6 of page 5 the following:
"18",
and inserting in lieu thereof the following: "25".
Amend HB 1440 by striking from line 16 on page 4 the following: "25",
and inserting in lieu thereof the following: "28".

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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

696

JOURNAL OF THE HOUSE,

SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Anno tated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in connection with certain athletic events in the state.

The following substitute, offered by Representative Stephens of the 68th, was read and adopted:

A BILL
To amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide for transportation, escort, and security services in connection with collegiate athletic events involving an insti tution of the University System of Georgia which offers four-year postsecondary degrees and to provide certain services which are necessary to promote the safety of certain colle giate athletic teams and the general public; to provide for personnel of the Uniform Divi sion to be allowed to accompany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to ath letic events inside or outside the state; to provide for reimbursement of the cost of such services to the Department of Public Safety; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respec tively, and by adding after subsection (b) a new subsection (c) to read as follows:
"(c) The commissioner may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to:
(1) Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events involving an institution of the University System of Georgia which offers four-year postsecondary degrees when such security protection services, or transportation or escort services, or both are necessary or appropriate to deter actual or potential threats to the safety of such individuals; and
(2) Provide services which are necessary or appropriate to promote the safety of the collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees or the general public or both or to facili tate travel by such collegiate athletic teams or the general public or both;
(3) Allow personnel of the Uniform Division, while on duty and in uniform, to accompany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or outside the state and to make use of department vehicles for this purpose, provided that the department shall be reimbursed by such affected institution of the University System of Georgia for any expenses incurred by such personnel of the Uniform Divi sion while carrying out such duties."
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.

FRIDAY, FEBRUARY 5, 1988

697

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 121, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1465. By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation and appointment of county boards of equaliza tion, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any 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.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 34. By Representatives Phillips of the 120th and Patten of the 149th:

A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flammable or combustible materials or vegetation; to provide proce dures and requirements for obtaining such permit.

The following Committee substitute was read:

A BILL
To amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act," so as to require a permit for the burning of any woods, lands, marshes, or other flammable vegetation; to provide procedures and requirements for obtaining such permit; to provide an exception to the permit requirement in the event of a sudden emergency requiring a firing to render one's premises safe; to provide for an exception to the permit requirement to burn residue on cultivated crop land and for notices in connection therewith; to provide that the notice requirement or permit shall be in addition to any other notice or permit or other require ments for burning provided by law or by ordinance, resolution, or regulation of any county or municipality; to provide for penalties; to provide the circumstances under which the owners of forest land may burn over their own land; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act," is amended by striking Code Section 12-6-90, relating to notices of intention to burn woods or lands, in its entirety and substituting in lieu thereof a new Code Section 12-6-90 to read as follows:

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JOURNAL OF THE HOUSE,

"12-6-90. (a) Any Except as provided in subsections (b) and (c) of this Code section, any person, firm, corporation, or association otherwise lawfully entitled to burn any woods, lands, marshes, or any other flammable or combustible materials er vegeta tion, whether in cultivated or uncultivated areas, shall prior to such burning give notice ef the approximate tne and location thereof to obtain a permit therefor from the forest ranger of the county wherein such burning is to be made or to any other from another employee er official of the forestry unit serving such county who is authorized by the chief forester of such unit to grant such permits. An applicant for a permit shall provide the county forest ranger or other authorized employee of the forestry unit serving the county with the location and the recommended time of the proposed burn. Such information may be provided and the permit may be obtained by a telephone call to the county forest ranger or to another authorized employee of the forestry unit serving the county. The permit shall be given by providing the applicant therefor with a permit number which will grant permission for a controlled burn to take place at the location specified by the applicant at a time approved by the county forest ranger or by the other authorized employee of the forestry unit serving the county.
(b) Steh notice need net be given tf; en It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section if a sudden emergency; de caution requires a firing in order to render one's premises safe, bat; in In any prose cution under this Code section, such act a necessary firing in a sudden emergency shall constitute an affirmative defense, but the burden of proving which such necessity shall rest upon the person asserting it as a defense.
(c) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section to burn residue on cultivated crop land if the person, firm, corpora tion, or association intending to burn such residue shall, prior to such burning, give notice of the approximate time and location thereof to the forest ranger of the county wherein such burning is to be made or to an employee of the forestry unit serving such county who is authorized to grant permits under subsection (a) of this Code section.
{e> (d) The notice or permit required by this Code section shall be in addition to any other notice ef- or permit or other requirement for burning required provided for by law or by ordinance, resolution, or regulation of any county or municipality of this state.
{d} (e) Any person who fails to give any notice required in this Code section by sub section (c) of this Code section or who makes a burn described by subsection (a) of this Code section without obtaining the permit required by said subsection shall be guilty of a misdemeanor."
Section 2. Said part is further amended by striking Code Section 12-6-91, relating to the owners of forest land burning over their own land, in its entirety and substituting in lieu thereof a new Code Section 12-6-91 to read as follows:
Iz-D-yl. -Nothing tft tnis pflrt 3ii8.ll ioc construed fts innitin^ OF r c s t rictm15 UMIGSS prohibited by the director of the State Forestry Commission pursuant to the provisions of Code Section 12-6-17, the owners of any forest land from may accomplish controlled burning over their own land; provided that when a permit therefor is obtained pursuant to the requirements of Code Section 12-6-90 and the fire is not allowed to spread onto or over the land of another or others."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Walker of the 115th, Groover of the 99th and Coleman of the 118th move to amend the Committee substitute to HB 34 as follows:
By adding a new Subparagraph (f) between lines 21 and 22 on Page 3 to read as fol lows:
"The failure to acquire and have a permit as required in this Code Section or the fail ure to give notice as required in this Code Section shall not be admissible in evidence in any civil action for damages alleged to result from such burning.".

FRIDAY, FEBRUARY 5, 1988

699

Representatives Reaves of the 147th, Griffin of the 6th and Greene of the 130th move to amend the Committee substitute to HB 34 as follows:
By adding on Line 3, page 3 after "burn" "improved pastures or".

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 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 34 was ordered immediately transmitted to the Senate.

The following Resolution of the House was read and referred to the Committee on University System of Georgia:

HR 752. By Representatives Beck of the 148th, Lane of the lllth, Beck of the 148th, Patten of the 149th, Godbee of the 110th and others:
A resolution to commend the Board of Regents of the University System of Georgia; to recommend the enhancement of two four-year colleges in south Georgia to the status of universities.

The following Resolution of the House was read and adopted:

HR 753. By Representatives Gresham of the 21st, Wilder of the 21st, Wilson of the 20th, Thompson of the 20th, Clark of the 20th and others:
A resolution commending the Georgia Parents Teachers Association.

The following communication was received from the Secretary of State:

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 600 through 642, who have registered in the Docket of Legislative Appearance as of February 5, 1988, 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 5th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

700

JOURNAL OF THE HOUSE,

600. Charles H. Schroder Democratic Party Georgia, Inc. Suite 870, South Tower One CNN Center Atlanta, Georgia 30303
601. J. David Porter Young Democrats of America College Young Democrats of America Young Democrats of Georgia 511 Susan Creek Drive Stone Mountain, Ga. 30083
602. Laura Jean Meadows Georgia Farm Bureau Federation Post Office Box 7068 Macon, Georgia 31298
603. Frank L. Moiger National Kidney Foundation of Georgia, Inc. American Association of Kidney Patients, Inc. 1627 Peachtree Road Suite 306 Atlanta, Georgia 30309
604. Kimberly Ellis Citizen Post Office Box 522 Americus, Georgia 31709
605. Claude D. Jones Citizen 38 Old Ivy Road Atlanta, Georgia 30342
606. Sheila J O'Farrell Georgia Environmental Project Citizen 136 Marietta Street Suite 347 Atlanta, Georgia 30303
607. Carol Williams Georgia Environmental Project Citizen 136 Marietta Street Suite 347 Atlanta, Georgia 30303
608. James D. Engstrom United Way of Metro Atlanta United Ways of Georgia 100 Edgewood Avenue, N.E. Post Office Box 2692 Atlanta, Georgia 30371

609. Margaret S. York United Way of Metro Atlanta Post Office Box 2692 Atlanta, Georgia 30371
610. Thomas J. Harrold, Jr. Motion Picture Association of America, Inc. The Bank of Nova Scotia 1409 Peachtree Street, N.E. Atlanta, Georgia 30309
611. Thomas A. Player Aetna Insurance Company Georgia State Association of Life Underwriters 75 Poplar Street HAAS Howell Building Atlanta, Georgia 30303-2122
612. VOID
613. Dr. R.L. Thomas Georgia Chiropractic Association, Inc. 715 N. Clarkesville Street Cornelia, Georgia 30531
614. William Warren Alcorn Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association 1847 Peeler Road Suite A&C Dunwoody, Georgia 30338
615. D. Gordon Draves Georgians Against Smoking Pollution 4145 Rue D'Artagnan Stone Mountain, Ga. 30083
616. Richard M. Grayson Citizen 1700 Trust Company of Georgia Building Atlanta, Georgia 30303
617. Joe T. Taylor Citizen 100 Galleria Parkway Suite 1200 Atlanta, Georgia 30339

FRIDAY, FEBRUARY 5, 1988

701

618. Tony Center Citizen Suite 300, Building 4 750 Hammond Drive Atlanta, Georgia 30328
619. Herman R. Daniell Georgia Association of Assessing Officials 1 Depot Street Marietta, Georgia 30060-1909
620. Allison Coles Georgia Psychological Association 1021 Ragley Hall Road Atlanta, Georgia 30319
621. Joseph Carlisi Association of Georgia Driver-Improvement Clinics Buford Highway D.U.I. School South Fulton Driver Improvement Clinic Citizen 4949 Buford Highway Chamblee, Georgia 30341
622. Dale E. Brown International Association for Financial Planning Two Concourse Parkway Suite 800 Atlanta, Georgia 30328
623. Norma E. Fox United Way of Metro Atlanta United 100 Edgewood Avenue, N.E. Post Office Box 2692 Atlanta, Georgia 30371
624. Norma E. Fox United Way of Metropolitan Atlanta United Ways of Georgia 100 Edgewood Avenue, N.E. Post Office Box 2692 Atlanta, Georgia 30371
625. Dallas F. Whaley Towing and Recovery Association of Georgia Georgia Professional Towing and Recovery Association 3580 Yarmouth Hill Lawrenceville, Georgia 30244

626. C. Powers Dorsett West Point Pepperell, Inc. Post Office Box 71 West Point, Georgia 31833
627. Randolph C. Coley Georgia Pacific Corporation 2500 Trust Company Tower Atlanta, Georgia 30303
628. Gloria W. Leonard Communication Workers of America 2753 Connally Drive, S.W. Atlanta, Georgia 30311
629. Annette S. Johnson Communication Workers of America 3891 Northstrand Drive Decatur, Georgia 30035
630. Walter James Cleveland, Jr. Communication Workers of America 5064 Singleton Road Norcross, Georgia 30319
631. John S. Kerwick Communication Workers of America 374 Maynard Terrace, S.E. Atlanta, Georgia 30316
632. W.R. Hornsby Georgia Professional Bail Agents 750 Glass Street, N.W. Atlanta, Georgia 30318
633. Cheri Marie Villines C.A.T.C.H. DeKalb County Sexual Abuse Task Force 2218 McCurdy Road Stone Mountain, Ga. 30083
634. John P. Granfield Citizen 5173 Northland Drive, N.E. Atlanta, Georgia 30342
635. Marty Benton Liberty Federation 2615 Sandy Plains Road Suite 101 Marietta, Georgia 30066

702

JOURNAL OF THE HOUSE,

636. William A. Vainisi Allstate Insurance Company Allstate Ins. Co. Allstate Plaza North, E5 Northbrook, Illinois 60062
637. Timothy Paul Hogg Georgia District Assemblies of God 1580 Agape Way Decatur, Georgia 30035
638. Harold Glenn Anthony Georgia on Premise Lounge Association Georgia Federation of Hospitals, Inc. Great Southern Paper Company 4290 Valley Trail, N.W. Atlanta, Georgia 30339
639. Jeanine Perkins American Council of Life Insurers American Insurance Association 230 Peachtree Street Suite 1900 Atlanta, Georgia 30303

640. Rusty Kidd Georgia Academy of Family Physicians Georgia Chapter-American Academy of Pediatrics Kidd & Associates Middle Georgia Management Services Inc. Am. Medical International Hemophilia of Georgia, Inc. Ga. Business Travel Corp. Post Office Box 77102 Atlanta, Georgia 30357
641. J.R. Cullens First American National Bank Cheateau Elan Viking Distillery Glenmore Distilleries Company State Bar of Georgia G. Heilman Brewing Company Etowah Vineyards Mr. Agency of Georgia Bianchi Vineyards Barton Brands, LTD Habersham Vineyards International Barrier Corp. Box 326 Cartersville, Georgia 30120
642. Catherine M. Butler Preferred Health Plan, Inc. 100 Peachtree Street Suite 2900 Atlanta, Georgia 30303

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.

MONDAY, FEBRUARY 8, 1988

703

Representative Hall, Atlanta, Georgia Monday, February 8, 1988

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 Bannister Bargeron Barnett.B
Barnett.M Beck
Benefield
Birdsong
Bostick Brooks Buck Buford Byrd Carrell Carter Chambless Cheeks Childers Clark.B Clark.H Colbert
Coleman Colwell Couch Cox

Crawford
Crosby
Cummings.B Davis.G Davis.M Dixon
Dover
Dunn Felton Floyd Foster Galer Godbee
Goodwin Green
Greene
Greer
Gresham Griffin Groover Hamilton
Manner Harris Hasty Heard Hensley Herbert Holcomb Hooks Hudson Isakson Jackson.J

Jackson.W Jamieson Johnson,R Kilgore Kingston
Lane.D
Langford Lawler Lawrence Lawson Lee Linder Long Lord Lucas Lupton Mangum
Martin McDonald McKelvey McKinney Meadows Milam Milford
Mobley
Moody Morton
Mostiler Moultrie Mueller Oliver.C Oliver.M

Orrock Padgett
Pannell Parham
Parrish
Patten
Peters Pettit Phillips Pinks ton
Pittman
Porter Powell
Prichard Rainey Ramsey.T Ramsey,V Randall Ransom Ray Reaves Redding Richardson Ricketson Robinson Royal Selman
Shepard Sherrod Simpson Sinkfield Sizemore

Smith.L Smith.T Smith.W Snow Stancil Stanley Stein berg Stephens Thomas.C Thomas.M Thompson Thurmond Tolbert Townsend Twiggs Waddle Waldrep Walker.L Wall
Ware
Watson
Watts
White
Wilder
Williams.B
Williams,J
Wilson
Wood
Workman
Yeargin
Murphy,Spkr

Prayer was offered by Dr. Mark A. Leuthold, Pastor, Northside Independent Meth odist Church, Sandy Springs (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.

704

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 intro duced, read the first time and referred to the committees:

HB 1640. By Representatives Prichard of the 8th, Hasty of the 8th, Barnett of the 10th, Lawrence of the 49th, Dover of the llth and others:
A bill to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to crim inal prosecutions, so as to change certain provisions relating to the use of force in defense of habitation; to provide for the use of force against an intruder by the occupant of a dwelling; to provide immunity from criminal prosecution.
Referred to the Committee on Special Judiciary.

HB 1641. By Representatives Ware of the 77th, Wood of the 9th, Groover of the 99th, Watson of the 114th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of colli sion damage waivers; to provide a short title; to provide for applicability; to define certain terms; to provide for licenses, renewals, and fees associated with such licenses; to provide for the filing and approval of forms; to provide for the content of collision damage waivers.
Referred to the Committee on Insurance.

HB 1642. By Representative Randall of the 101st:
A bill to amend Code Section 18-4-89 of the Official Code of Georgia Anno tated, relating to procedures after the answer of a garnishee if no traverse or claim is filed, so as to repeal the requirement that if money or other property admitted to be subject to the garnishment is not delivered to the court, judg ment shall be entered for the plaintiff and against the garnishee for the money or other property and execution shall issue on the judgment.
Referred to the Committee on Special Judiciary.

HB 1643. By Representative Randall of the 101st:
A bill to amend Code Section 11-9-504 of the Official Code of Georgia Anno tated, relating to a secured party's right to dispose of collateral after default and the effect of disposition, so as to repeal certain provisions relating to the liability of the debtor for any deficiencies.
Referred to the Committee on Special Judiciary.

HB 1644. By Representatives Kilgore of the 42nd, Dover of the llth and Crosby of the 150th:
A bill to amend Part 3 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to compensate for loss of tax revenue from financial institutions, so as to change the method of calculating the allotment of such grants to local school systems; to delete certain provi sions prohibiting certain appropriations.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 8, 1988

705

HB 1645. By Representatives Murphy of the 18th, Cummings of the 17th, Dover of the llth, Beck of the 148th and Mangum of the 57th:
A bill to amend Code Section 20-2-165 of the Official Code of Georgia Anno tated, relating to equalization grants and calculations thereof, so as to change the factors which shall be considered in calculating such grants.
Referred to the Committee on Education.

HB 1647. By Representatives Twiggs of the 4th, Peters of the 2nd, Rainey of the 135th, Dover of the llth, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try mis demeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto.
Referred to the Committee on Judiciary.
HB 1648. By Representatives Johnson of the 123rd, Cox of the 141st, Reaves of the 147th, Couch of the 40th, Royal of the 144th and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change the provisions relating to the computation of income taxes for corporations; to provide job tax credits for corporate income taxes for certain corporations which create new full-time jobs in less devel oped counties.
Referred to the Committee on Ways & Means.

HB 1649. By Representative Chambless of the 133rd:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Anno tated, relating to mortgages and conveyances to secure debts and liens, so as to provide recording procedures for filing canceled and satisfied debts to secure debt and related instruments; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to change certain fees.
Referred to the Committee on Judiciary.

HB 1650. By Representatives Pannell of the 122nd, Robinson of the 96th, Chambless of the 133rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Anno tated, relating to the abatement of nuisances generally, so as to provide for the abatement of nuisances in the unincorporated areas of counties; to pro vide for the jurisdiction of courts in connection therewith; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards.
Referred to the Committee on Judiciary.

HB 1651. By Representative Stancil of the 66th:
A bill to amend an Act providing changes in the Magistrate Court of Morgan County, so as to increase the amount collected as law library fees in the magistrate court.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HR 749. By Representative Lawler of the 20th: A resolution compensating Mr. Jack Prince, Delta Y Corporation, Inc..
Referred to the Committee on Appropriations.

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

HB 1668. By Representatives Morton of the 47th, Bishop of the 94th, Davis of the 45th and Adams of the 79th:
A bill to amend Code Section 40-5-83 of the Official Code of Georgia Anno tated, relating to the establishment and approval of driver improvement clin ics and programs, so as to provide that courses related to alcohol or drugs shall contain a segment and a brochure relevant to the dangers of consuming alcohol or drugs during pregnancy.
Referred to the Committee on Motor Vehicles.

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

HB 1626 HB 1627 HB 1628 HB 1629 HB 1630 HB 1631 HB 1632 HB 1633 HB 1634 HB 1635 HB 1636 HB 1637

HB 1638 HB 1639 HB 1646 HR 747 HR 748 SB 424 SB 492 SB 516 SB 542 SB 546 SB 570 SR 270

Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 570 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Patten of the 149th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

MONDAY, FEBRUARY 8, 1988

707

HB 841 Do Pass HB 1413 Do Pass HB 1414 Do Pass

Respectfully submitted, /si Patten of the 149th
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 727 Do Pass HR 729 Do Pass

HR 731 Do Pass HR 746 Do Pass, as Amended

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 1617 Do Pass SB 565 Do Pass SB 566 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 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 1173 Do Pass HB 1218 Do Pass, by Substitute SB 475 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

708

JOURNAL OF THE HOUSE,

HOUSE RULES CALENDAR MONDAY, FEBRUARY 8, 1988

Mr. Speaker and Members of the House:

The House Committee on Rules has set the calendar for this 20th Legislative Day as enumerated below:

HB 1235 HB 1243 HB 1417 HB 1418 HB 1419 HB 1431 HB 1450 HB 1490 HB 1519 HB 1543

Appeals: State Courts: Certain Decisions Chiropractors: Utilization of Nutrition Income Tax: Change Provisions Income Tax: Estimate Payments: Fiduciaries Income Tax: Wages Subject to Withholding Crimes: Damage to Cert. Property: Felony over $500 Family Violence Shelters: Licensing Insurance: Surplus Line Brokers: Licensing Human Resources: Certain Insurance: Define Nonprofit Agencies Water Resources: Farm Uses: Permits

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

Respectfully submitted, /a/ 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:

SB 565. By Senator Dawkins of the 45th:
A bill to amend an Act creating the State Court of Rockdale County so as to change the provisions relating to terms of court; to change the provisions relating to the transaction of business; to provide that prosecution for viola tions of ordinances may be upon citation as well as by accusation under cer tain circumstances; 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 566. By Senator Dawkins of the 45th:
A bill to create the Conyers-Rockdale County Charter Commission; to pro vide for a short title; to provide for definitions; to provide for the appoint ment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission.

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

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:

MONDAY, FEBRUARY 8, 1988

709

HB 1617.

By Representatives Pittman of the 60th, Wall of the 61st, Goodwin of the 63rd, Bannister of the 62nd, Lawson of the 9th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of homesteads of residents of the Gwinnett County School District who are 62 years of age or over or who are disabled; to provide for an exception with respect to land in excess of one acre.

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 Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnetl.M YBeck Y Benefield YBenn
Birdsong Bishop
Bostick Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Carter Chambless Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark,L
Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis,G Y Davis.M
Dixon
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 Y Heard Y Hensley
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
Lane,R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Linder
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody
Moore
Y Morton

Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M 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 Redding
Y Richardson Y Ricketson
Y Robinson 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
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Wilson Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 140, 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 590. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to provide for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; to provide an effective date.

710

JOURNAL OF THE HOUSE,

SB 484. By Senator Scott of the 2nd:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that it shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency telephone call placed on a "911" emergency telephone system; to provide for applicability.

SB 500. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions regarding penal institutions, so as to pro hibit construction of any jail, penal institution, or other correctional facility within a one-mile radius of any public school in this state under certain circumstances; to provide an effective date.

SB 527. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to powers of county boards of health, so as to delete certain provisions restricting the power of boards of health of consolidated citycounty governments with respect to the establishment and collection of fees for environmental health services.

SB 536. By Senators Deal of the 49th and Kennedy of the 4th:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties.

SB 545. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.

SB 559. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide that automobile insur ance policies that provide comprehensive coverage shall provide complete coverage for repair or replacement of a certain damaged safety equipment without regard to any deductible or minimum amount; to provide for defini tions.

SB 561. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to petition the court for authority to deposit seized currency in an interest-bearing account in a financial insti tution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.

MONDAY, FEBRUARY 8, 1988

711

SB 562. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to certain records to be kept by the Department of Public Safety, so as to provide that in response to a subpoena or upon the request of an appropriate governmental or judicial official, the Department of Public Safety shall provide a duly authenticated copy of any record or other docu ment.

SB 563. By Senator Crumbley of the 17th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Anno tated, relating to the procedure for the imposition of the death penalty generally, so as to provide that the offense of murder committed against a person under the age of 17 years shall be considered an aggravating circum stance for which the death penalty may be imposed.

SB 576. By Senators Hudgins of the 15th, Barker of the 18th, Stumbaugh of the 55th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to create the "Child Health Services Act".

SB 582. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effec tive date and for applicability.

HB 1192. By Representative Wall of the 61st:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Anno tated, relating to the procedure for the sale or disposition of county real property generally, so as to exempt the transfer of recreational set-aside property to certain homeowners" associations.

HB 1193. By Representatives Lane of the 27th, Selman of the 32nd, Adams of the 36th, Couch of the 40th, McKinney of the 35th and others:
A bill to amend Code Section 50-8-84 of the Official Code of Georgia Anno tated, relating to the composition of metropolitan area planning and develop ment commissions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to provide for an additional member of such an area planning and development commission.

HB 1212. By Representative Buck of the 95th:
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 Peace Offi cers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pen sion Fund for the inclusion in the health insurance plan of employees of such funds and their spouses and dependent children.

712

JOURNAL OF THE HOUSE,

HB 1226. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and sexually explicit conduct, so as to change the provisions relating to penalties.

HB 1260.

By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Royal of the 144th:
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 create the Office of Rural Development within the Department of Community Affairs.

HB 1304. By Representatives Jackson of the 9th, Barnett of the 10th, Bostick of the 138th, Carter of the 146th, Harris of the 84th and others:
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 change the definition of a "used car dealer;" to change the composition of the State Board of Registration of Used Car Dealers.

HB 1334.

By Representatives Jackson of the 9th and Johnson of the 72nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to authorize the department to cor rect records which contain improper, false, fraudulent, or invalid information.

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

HB 311. By Representative Ramsey of the 3rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Anno tated, relating to buildings presenting special hazards to persons or property and requirements as to construction and maintenance of such buildings, so as to require certain buildings with sleeping accommodations which were con structed prior to 1976 to have a smoke or products of combustion detector in each room having sleeping accommodations unless the state fire marshal or proper local fire marshal waives such requirement.

HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to pro vide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

MONDAY, FEBRUARY 8, 1988

713

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

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provisions relating to sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.

HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Anno tated, relating to the Court of Appeals, so as to authorize the Court of Appeals to establish by rule a preappeal settlement conference procedure.

HB 713. By Representative Moultrie of the 93rd:
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 the filing of liens created pursuant to Section 107(f) (3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.

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 Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:

SR 295. By Senators Turner of the 8th, Harris of the 27th, Tate of the 38th and others:
A resolution urging Congress to take action extending the date for issuing Mortgage Revenue Bonds.

SR 316. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A resolution creating the Joint Study Committee on Automobile Insurance.

SR 354. By Senator Burton of the 5th:
A resolution to commend the Georgia Veterans Day Parade Association of Atlanta.

714

JOURNAL OF THE HOUSE,

HR 750. By Representative Murphy of the 18th: A resolution commending the Georgia Amateur Athletics Foundation.

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

HB 1378. By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or suspension of the chairman or members of the board of commissioners.

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

SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

SB 503. By Senator Bryant of the 3rd:
A bill to amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain sub merged cultural resources are of no economic or cultural value and may be exempt from provisions of this part.

The Senate has appointed a third Committee of Conference on the following Resolu tion 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, Walker of the 43rd and Hudgins of the 15th.

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

MONDAY, FEBRUARY 8, 1988

715

SB 453. By Senators Newbill of the 56th, Deal of the 49th, Foster of the 50th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.
Referred to the Committee on Natural Resources & Environment.

SB 484. By Senator Scott of the 2nd:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to provide that it shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency telephone call placed on a "911" emergency telephone system; to provide for applicability.
Referred to the Committee on Industry.

SB 500. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions regarding penal institutions, so as to pro hibit construction of any jail, penal institution, or other correctional facility within a one-mile radius of any public school in this state under certain circumstances; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 503. By Senator Bryant of the 3rd:
A bill to amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain sub merged cultural resources are of no economic or cultural value and may be exempt from provisions of this part.
Referred to the Committee on Natural Resources & Environment.

SB 527. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to powers of county boards of health, so as to delete certain provisions restricting the power of boards of health of consolidated citycounty governments with respect to the establishment and collection of fees for environmental health services.
Referred to the Committee on Health & Ecology.

SB 536. By Senators Deal of the 49th and Kennedy of the 4th:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties.
Referred to the Committee on Industry.

716

JOURNAL OF THE HOUSE,

SB 545. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.
Referred to the Committee on Motor Vehicles.

SB 559. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to provide that automobile insur ance policies that provide comprehensive coverage shall provide complete coverage for repair or replacement of a certain damaged safety equipment without regard to any deductible or minimum amount; to provide for defini tions.
Referred to the Committee on Insurance.

SB 561. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to petition the court for authority to deposit seized currency in an interest-bearing account in a financial insti tution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.
Referred to the Committee on Judiciary.

SB 562. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to certain records to be kept by the Department of Public Safety, so as to provide that in response to a subpoena or upon the request of an appropriate governmental or judicial official, the Department of Public Safety shall provide a duly authenticated copy of any record or other docu ment.
Referred to the Committee on Public Safety.

SB 563. By Senator Crumbley of the 17th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Anno tated, relating to the procedure for the imposition of the death penalty generally, so as to provide that the offense of murder committed against a person under the age of 17 years shall be considered an aggravating circum stance for which the death penalty may be imposed.
Referred to the Committee on Judiciary.

SB 576. By Senators Hudgins of the 15th, Barker of the 18th, Stumbaugh of the 55th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to create the "Child Health Services Act".
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 8, 1988

717

SB 582. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effec tive date and for applicability.
Referred to the Committee on Legislative & Congressional Reapportionment.

SB 590. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to provide for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees; to provide for the amount of such fees; to provide for practices and procedures relating to the collection and remittance of such fees; to provide an effective date.
Referred to the Committee on Special Judiciary.

SR 295. By Senators Turner of the 8th, Harris of the 27th, Tate of the 38th and others:
A resolution urging Congress to take action extending the date for issuing Mortgage Revenue Bonds.
Referred to the Committee on Appropriations.

SR 316. By Senators Stumbaugh of the 55th, McKenzie of the 14th, Crumbley of the 17th and others:
A resolution creating the Joint Study Committee on Automobile Insurance.
Referred to the Committee on Rules.

Representative Clark of the 55th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1580. By Representatives Greer of the 39th, Martin of the 26th and Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Transit Author ity Act of 1965," so as to give the Authority power to contract for cleaning, maintenance, and landscaping services by negotiation and to make purchases without competitive bidding in certain cases in which the state or federal government has in effect a contract for like purchases.

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

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

Y Benefield Benn
N Birdsong
Bishop N Bostick N Branch Y Brooks Y Brown
Buck N Buford N Byrd N Carrell
N Carter N Chambless
Chance

N Cheeks Childers
Y Clark.B
N Clark.H Clark.L
N Colbert
Coleman N Colwell N Connell N Couch
N Cox N Crawford N Crosby
Cummings.B Cummings.M

Y Davis.G Davis.M
N Dixon
Y Dobbs Dover
Y Dunn N Edwards Y Felton N Floyd Y Foster
Galer
N Godbee Y Goodwin N Green Y Greene

N Greer Y Gresham Y Griffin
N Groover Hamilton
N Hanner Harris
N Hasty N Heard Y Hensley Y Herbert
Y Holcomb N Holmes
N Hooks Y Hudson

718

JOURNAL OF THE HOUSE,

N Isakson N Jackson,J Y Jackson.W
N Jamieson Y Johnson.D Y Johnson.R N Kilgore Y Kingston
Lane.D Y Lane.R
Langford Y Lawler N Lawrence
Y Lawson Y Lee N Linder
N Long Lord
N Lucas N Lupton N Mangum

N Martin N McCoy N McDonald
N McKelvey Y McKinney Y Meadows N Milam N Milford N Mobley N Moody
Moore N Morion Y Mostiler
Y Moultrie N Mueller N Oliver.C
Y Oliver.M Y Orrock N Padgett Y Pannell N Parham

N Parrish Patten
N Peters
N Pettit N Phillips
Pinkston Pittman N Porter N Powell N Prichard N Rainey Ramsey.T Y Ramsey.V
Y Randall N Ransom N Ray
Y Reaves Y Redding N Richardson N Ricketson N Robinson

On the motion, the ayes were 58, nays 90. The motion was lost.

N Royal N Selman Y Shepard
Y Sherrod Simpson Sinkfield
Y Sizemore Smith.L Smith,?
Y Smith.T N Smith,W
Smyre N Snow
N Stancil Y Stanley Y Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson
Thurmond

Y Tolbert N Townsend Y Triplet!
Y Twiggs N Waddle N Waldrep Y Walker.C N Walker.L Y Wall N Ware N Watson Y Watts N White
N Wilder N Williams.B Y Williams.J
Y Wilson N Wood Y Workman N Yeargin
Murphy.Spkr

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

HR 754. By Representative Benn of the 38th:
A resolution commending Dr. Alonzo A. Grim and inviting him to appear before the House of Representatives.

HR 755. By Representatives Walker of the 115th and Lee of the 72nd: A resolution amending the Rules of the House of Representatives.

HR 759. By Representatives Sinkfield of the 37th, Thomas of the 31st, Benn of the 38th, Randall of the 101st, Smyre of the 92nd and others:
A resolution commending Brian Casey Hooker and inviting him to appear before the House of Representatives.

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 1519. By Representative Groover of the 99th:
A bill to amend Code Section 45-9-42 of the Official Code of Georgia Anno tated, relating to insurance for persons authorized to operate vehicles by non profit agencies contracting with the Department of Human Resources, so as to change the definition of "nonprofit agencies" to include subcontractors involved in the delivery of services.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, so as to extend insurance coverage to

MONDAY, FEBRUARY 8, 1988

719

employees of nonprofit agencies who have subcontracted to furnish certain services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The policy of insurance provided for in Code Section 45-9-40 may also provide to nonprofit agencies and their employees, which agencies have contracted with the Department of Human Resources to furnish certain services or have subcontracted with similar nonprofit agencies for the same, protection from liability for damages arising out of the authorized use of a state-owned vehicle by an employee of such agency during the course of such person's employment with such nonprofit agency, provided the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency."
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
Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield
Benn
Y Birdsong Bishop
Y Bostick Branch
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M
Y Davis.G Davis.M
Y Dixon Y 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
Griffin Y Groover Y Hamilton
Y Manner Y Harris Y Hasty
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 Y Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

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

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

720

JOURNAL OF THE HOUSE,

HB 1490. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide an expiration date for licenses of surplus line brokers; to provide for annual fees of agents, solic itors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annu ity contracts or variable life insurance contracts.

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
Benn Y Birdsong
Bishop Y Bostick
Branch Y Brooks Y Brown
YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y 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
Y Manner Y Harris Y Hasty
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 Y Langford
Lawler Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody
Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson 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
Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert 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 Y Wilson
Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1235. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to applications for appeals for discretionary appeals, so as to make appeals from decisions of the state courts reviewing decisions of magis trate courts.

The following Committee substitute was read and adopted:

MONDAY, FEBRUARY 8, 1988

721

A BILL
To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to applications for appeals for discretionary appeals, so as to provide for appeals from deci sions of the state courts reviewing decisions of magistrate courts; to provide for practices and procedures connected therewith; 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 applications for appeals for discretionary appeals, is amended by striking subsection (a) thereof and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State
Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations;
(2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders;
(3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less;
(4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34;
(5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $2,500.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraor dinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 deny ing relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; and (10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14 - and (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal."
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 Y Athon
Y Atkins Y Bailey
Balkcom

Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M Y Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick

Branch Y Brooks Y Brown
Y Buck Y Buford
Byrd Y Carrell
Y Carter Y Chambless
Chance

Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman
Colwell Y Connell Y Couch

Y Cox Y Crawford Y Crosby
Y Cummings.B Cummings.M
Y Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover

722

JOURNAL OF THE HOUSE,

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 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
Lane.D Y Lane,R
Langford
Y Lawler Y Lawrence
Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows

Y Milam Y Milford Y Mobley Y Moody
Moore
Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M 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 Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson 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 Y Smyre YSnow Y Stancil Y Stanley
Y Steinberg

Y Stephens
Y Thomas.C
Y Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs 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 YWood Y Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1450.

By Representatives Steinberg of the 46th, Chambless of the 133rd, Groover of the 99th, Ramsey of the 3rd and Buck of the 95th:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to change the provisions relating to family violence programs and family violence shelters; to provide for the licensing of such programs and shelters rather than the certification 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 Y Benefield
YBenn
Y Birdsong
Bishop
Y Bostick
Branch Y Brooks
Brown YBuck Y Buford

Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark,L Y Colbert Y Coleman
Colwell Y Connell
Y Couch YCox
Y Crawford
Y Crosby
Y Cummings.B Cummings.M
Y Davis.G Y Davis.M
Y Dixon Y Dobbs
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 Y Hanner Y Harris
Y Hasty 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 Linder
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney Y Meadows
Y Milam Y Milford Y Mobley
Y Moody Moore
Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips
Y Pinkston Y Pittman Y Porter

MONDAY, FEBRUARY 8, 1988

723

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 Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Y Sinkfield Y Sizemore Y Smith.L
Smith,?

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

Y Thurmond Tolbert
Y Townsend Y Triplet!
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware

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

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lucas of the 102nd arose to a point of personal privilege and addressed the House.

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

HB 1243. By Representative Edwards of the 112th:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Anno tated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic by allowing chiropractors to utilize nutrition.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiro practors by allowing chiropractors to recommend the use of vitamins, minerals, or food supplements; to clarify the right to practice chiropractic; to provide for statutory construc tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 43-9-16 to read as follows:
"43-9-16. (a) Chiropractors who have complied with this chapter shall have the right to practice chiropractic and to adjust patients according to specific chiropractic methods. Chiropractors shall observe public health regulations.
(b) The chiropractic adjustment of the articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical thera peutic modalities which induce heat or electrical current beneath the skin, including therapeutic ultrasound, galvanism, microwave, diathermy, and electromuscular stimu lation.
(c) Chiropractors who have complied with this chapter may utilize those electric therapeutic modalities described in subsection (b) of this Code section, provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures in accordance with the guide lines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization.

724

JOURNAL OF THE HOUSE,

(d) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practition ers.
(e) Chiropractors shall not prescribe or administer medicine to patients, perform sur gery, or practice obstetrics or osteopathy.
(f) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonies.
(g) A person professing to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. If a chiropractor performs upon a patient any act authorized to be so performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, including but not limited to the use of modalities such as those described in subsection (b) of this Code section and X-rays, under similar circumstances the chiro practor shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar conditions and like circumstances.
(h) A licensed practitioner of chiropractic may use only the title 'chiropractor,' or 'doctor of chiropractic,' or 'D.C.'
(i) Chiropractors who have complied with this chapter may recommend the use of vitamins, minerals, or food supplements for the restoration and maintenance of a person's general health regimen. Any such recommendation of vitamins, minerals, or food supplements shall not be construed to allow chiropractors to treat patients for conditions or diseases not within the purview of the practice of chiropractic as set forth in this chapter."
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 N Aiken Y Alford
Alien Y Athon N Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
N Birdsong Y Bishop
Bostick Branch Y Brooks N Brown YBuck Y Buford Byrd Carrell Y Carter Y Chambless Chance Cheeks

Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman
Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon N Dobbs
Dover Y Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer N Godbee Y Goodwin N Green Y Greene Y Greer Y Gresham

Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris
Y Hasty N 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 Linder YLong
Lord

Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Peters
Pettit N 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
N 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 Y Smyre Y Snow
Y Stancil Stanley
Y Steinberg N Stephens

MONDAY, FEBRUARY 8, 1988

725

Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert

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
Williams.B Y Williams,J

Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HB 1543.

By Representatives Walker of the 115th, Reaves of the 147th, Coleman of the 118th, Crawford of the 5th and Ramsey of the 155th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters for farm uses; to provide that such permits must by issued for farm uses occurring prior to the effective date of this Act when applications relating thereto are submitted prior to July 1, 1991.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters for farm uses; to provide that such permits must be issued for farm uses occurring prior to July 1, 1988, when appli cations relating thereto are submitted prior to July 1, 1991; to provide for the rates of withdrawal or diversion for such mandatory permits at the greatest operating capacity during the five-year period prior to July 1, 1988; to provide that such mandatory permits shall be conditioned upon the receipt of certain information; to provide that permits for farm uses shall have no term and may be transferred or assigned; to provide that modifi cations require the approval of the director; to provide definitions; to provide that priority shall be given to water uses for human consumption and for farming during emergency periods of water shortage; to provide for methods of appeal from the granting, modifi cation, or denial of permits; to provide that nothing in the provisions relating to with drawal or diversion of surface waters or ground waters shall amend provisions relating to riparian rights; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking in its entirety Code Section 12-5-31, relating to permits for withdrawal and diversion of surface waters, and inserting in lieu thereof a new Code Section 12-5-31, to read as follows:
"12-5-31. (a) (1) No person shall make any withdrawal, diversion, or impound ment of any of the surface waters of the state for whatever use without obtaining a permit from the director; provided, however, that no permit shall be required for:
(A) Any such withdrawal which does not involve more than 100,000 gallons per day on a monthly average;
(B) Any such diversion which does not reduce the flow of the surface waters at the point where the watercourse, prior to diversion, leaves the person's or persons'

726

JOURNAL OF THE HOUSE,

property or properties on which the diversion occurred, by more than 100,000 gal lons per day on a monthly average;
(C) Any such diversion accomplished as part of construction for transportation purposes which does not reduce the flow of surface waters in the diverted water course by more than 150,000 gallons per day on a monthly average; or
(D) Any such impoundment which does not reduce the flow of the surface waters immediately downstream of the impoundment by more than 100,000 gallons per day on a monthly average.
(2) No permit shall be required for th withdrawal er diversion ef surface waters for form uses, and ne permit shall be required for a reduction of flow of surface waters during the period of construction of an impoundment, including the initial filling of the impoundment, or for farm ponds or farm impoundments constructed and managed for the sole purpose of fish, wildlife, recreation, or other farm uses.
(3) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which pro vides reasonable proof that the applicant's farm use of surface waters occurred prior to July lj 1988, and when any such application is submitted prior to July 1^ 1991. If submitted prior to July 1^ 1991, an application for a permit to be issued based upon
farm uses of surface waters occurring prior to the July lj 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on
July 1^ 1988, or, when measured in gallons per day on a monthly average for a calen dar year, the greatest withdrawal or diversion capacity during the five-year period
immediately preceding the July 1^ 1988. If submitted after July 1^ 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July l^ 1988, an application shall
be subject to evaluation and classification pursuant to subsections (e), (f) and (g) of this Code section, but a permit based upon such evaluation and classification shall be
issued to ensure the applicant's right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement
that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation
and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information,
including rated capacity, pump location, and power information. Permits issued under this paragraph shall have no term and may be transferred or assigned to subsequent
owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modifi cation in the use or capacity conditions contained in the permit or in the lands which
are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. Nothing in this
paragraph shall be construed as a repeal or modification of Code Section 12-5-46. (b) For purposes of this Code section, the term:
(1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources, or his designee.
4t) (2) 'Diversion' means a turning aside or altering of the natural course of sur face waters.
{3} (3) 'Farm uses' means irrigation of farmland, any land used for general farm ing, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provision provisions of water supply for farm animals, poultry farming, or
any other activity conducted in the course of a farming operation operations. Farm uses shall also include the processing of perishable agricultural products and the irri
gation of recreational turf, except in the Chattahoochee River watershed upstream from Peachtree Creek, where irrigation of recreational turf shall not be considered a farm use.
{3} (4) 'Impoundment' means the storing or retaining of surface water by whatever method or means.

MONDAY, FEBRUARY 8, 1988

727

{4} (5) 'Surface water(s) of the state' or 'surface water(s)' means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
{6} (6) 'Withdrawal' means the taking away of surface water from its natural course. (c) To obtain a permit pursuant to this Code section, the applicant must establish that the proposed withdrawal, diversion, or impoundment of surface waters is consistent with this article. (d) All permit applications filed with the director under this Code section shall con tain the name and address of the applicant (in the case of a corporation, the address of its principal business office in this state), the date of filing, the source of the water supply, the quantity of water applied for, the use to be made of the water and any limitation thereon, the place of use, the location of the withdrawal, diversion, or impoundment, and such other information as the director may deem necessary; pro vided, however, any required information already provided the director by the applicant in the context of prior dealings with the division, which information is still correct, may be incorporated into the application by adequate reference to same. (e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing applications uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors:
(1) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments;
(2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences;
(7) The importance and necessity of the uses2 including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses;
(8) Diversion from or reduction of flows in other watercourses;
(9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977 z 2L if for farm uses, after July 1^ 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and
(10) The varying circumstances of each case.
(f) In the event two or more competing applicants or users qualify equally under subsection (e) of this Code section, the director is authorized to grant permits to appli cants or modify the existing permits of users for use of specified quantities of surface waters on a prorated or other reasonable basis in those situations where such action is feasible; provided, however, the director shall give preference to a renewal application an existing use over an initial application.
(g) fe any ease where a permit applicant can prove te the director's satisfaction that the applicant was withdrawing, diverting, er impounding surface waters prter te July 1^ 1077, the The division shall take into consideration the extent to which such prior with drawal, diversion, e* impoundment any withdrawals, divisions, or impoundments was are reasonably necessary, in the judgment of the director, to meet the applicant's needs and

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shall grant a permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including but not limited to public use farm use, and potential as well as present use; and provided, further, that the director shall grant a permit to any permit applicant who on July 1, 1977, has outstanding indebtedness in the form of revenue certificates or general obligation bonds which are being amortized through the sale of surface water, the permitted quantity of which shall be at least in an amount consistent with that quantity for which the revenue certificates or general obligation bonds were issued.
(h) Permits Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted pursuant to this Code section for any period of time not less than ten years (unless the applicant requests a shorter period of time) or more than 20 years; provided, however, the director may authorize a permit of duration of up to 50 years in the case of a municipality or other governmental body, where such period is required to provide for the retirement of bonds for the construction of water works or waste disposal facilities. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use.
(i) A permittee may seek modification of any of the terms of an unexpircd issued permit. The director may approve the proposed modification if the permittee establishes that a change in conditions has resulted in a need by the permittee of more water than is allowed under the existing permit, or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit, or that a proposed change in conditions would result in a need by the permittee of more water than is allowed under the existing permit. Any such modification shall be consistent with the health and safety of the citizens of this state and with this article. In any administrative review proceeding resulting from an action of the director under this sub section, the burden of proof in establishing that the requisite criteria have been met shall be upon the person seeking such modification.
(j) A permittee may seek renewal of a permit issued pursuant to this Code section from the director at any time within six months from prior to the date of expiration of the permit. Except as otherwise specified in this Code section, all permit renewal applications shall be treated in the same manner as the initial permit application.
(k) The director may revoke, suspend, or modify a permit issued pursuant to this Code section as follows:
(1) For any material false statement in an application for a permit to initiate, modify, or continue a use of surface waters, or for any material false statement in any report or statement of fact required of the permittee pursuant to this Code section or pursuant to the conditions contained in a permit granted hereunder, the director may revoke the user's permit, in whole or in part, permanently or temporarily;
(2) For any willful violation of the conditions of a permit granted pursuant to this Code section, the director may revoke the user's permit, in whole or in part, perma nently or temporarily;
(3) For violation of any provision of this Code section, the director may revoke the permit, in whole or in part, for a period not to exceed one year;
(4) For nonuse of the water supply (or a significant portion thereof) allowed by the permit for a period of two consecutive years or more, the director may revoke the permit permanently, in whole or in part, unless the permittee can reasonably demon strate that his nonuse was due to extreme hardship caused by factors beyond his con trol j except that this paragraph shall not apply to farm use permits issued pursuant to paragraph (3) of subsection (a) of this Code section after initial use has commenced;
(5) The director may revoke a permit permanently, in whole or in part, with the written consent of the permittee;
(6) The director may suspend or modify a permitj except farm use permits, if he should determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit is greater than that needed by the permittee for the

MONDAY, FEBRUARY 8, 1988

729

particular use upon which the application for permit was based or would prevent other applicants from reasonable use of surface waters, including farm uses;
(7) The director may suspend or modify a farm use permit if he should determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit would prevent other applicants from reasonable use of surface waters for farm use; and
(?) (8) The Consistent with the considerations set forth in subsection (g) of this Code section, the director may revoke, suspend, or modify a permit for any other good cause consistent with the health and safety of the citizens of this state and with this article. In the event of modification, suspension, or revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. (1) Emergency period of water shortage:
(1) Whenever it clearly appears to the director from specific facts shown by affidavit affidavits of any resident residents of the affected area of this state that an emer gency period of water shortage exists within such area, so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area, he may by emergency order impose such restrictions on one or more permits previously issued pursuant to this Code section as may be necessary to protect adequately such citizens or water resources; provided, however, such order shall not be issued until an effort has been made to give written notice of the pro posed action by certified mail to the permittee or permittees to be affected. Such writ ten notice shall allow such permittee or permittees five days from the date of mailing of the notice to appear before the director in opposition to the proposed action. The director may impose such restrictions based upon any reasonable system of classifi cation established by the Board of Natural Resources through rule or regulation. Such system of classification shall be based upon but not necessarily limited to those factors set forth in subsection (e) of this Code section;
(2) The director shall specify in such order any change in the conditions of the permit, any suspension of the permit, or any other restriction on withdrawal, diver sion, or impoundment of surface waters for the duration of the emergency water short age and shall serve same on the person by hand delivery or certified mail. Except as to farm uses, any Any such change, suspension, or other restriction shall be effective immediately upon receipt of such order by the permittee, his agent for service of proc ess, or any agent or employee of the permittee who receives the notification at the permittee's principal place of business in the state. Any permittee^ other than a farm use permittee, to whom such order is directed shall comply therewith immediately; . bt upon Upon application to a hearing officer appointed by the Board of Natural Resources of this state, a permittee2 including a farm use permittee, shall be afforded a hearing within 20 days of receipt of such notice by the hearing examiner in accord ance with subsection (c) of Code Section 12-2-2 t . Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing in accordance with subsection (c) of Code Section 12-2-2 shall waive such right;
(3) During emergency periods of water shortage, the director shall give first prior ity to providing water for human consumption and second priority to farm use;
(4) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section; and
{&} (5) Upon expiration of the emergency period of water shortage, as determined by the director, the director shall immediately notify each affected permittee, in writ ing, of such expiration, and the permittees shall thereafter be authorized to operate under the permit as issued prior to the emergency period of water shortage,
(m) Whenever Except for farm use permits issued pursuant to paragraph (3) of sub section (a) of this Code section, whenever required to carry out the objectives of this Code section, including but not limited to determining whether or not any person is in violation of any provision of this Code section or any rule or regulation promulgated

730

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pursuant hereto; encouraging or ensuring compliance with any provision of this Code section or any rule or regulation promulgated pursuant hereto; determining whether or not any person is in violation of any permit condition; or establishing a data bank on the usage of surface waters in a particular area or areas of this state, the director may by order, permit, or otherwise, in writing, require any person holding a permit under this Code section, or any other person who the director reasonably believes is withdraw ing, diverting, or impounding surface waters in violation of the permitting requirements of this Code section, to:
(1) Establish and maintain records; (2) Make reports; (3) Install, use, and maintain monitoring equipment or methods; and (4) Provide such other information as the director may reasonably require. Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still cor rect, may be satisfied by adequate reference to same. (n) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface waters across natural basins, the director shall be bound by the following requirements: (1) The director shall give due consideration to competing existing uses and appli cations for permits which would not involve interbasin transfers of surface water and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; (2) The director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven days before the issuance of these permits. If the director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits, {e)--AH administrative hearings and reviews and judicial reviews occurring as a result
anee with subsection (e) of Code Section 12-2-2. (o) (1) Except as otherwise provided in subsection (1) of this Code section for emer gency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollu tion Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court of the county of the applicant's or permittee's residence. (2) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce. In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear argu ments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.

MONDAY, FEBRUARY 8, 1988

731

{p)--W--Any other provision of thts article notwithstanding, any person who owns or

LilC WltndFflWftl Or SUFtftCe WfttCPS HI CXCCSS Of 1UU,OUU gflilons 'POP dfly On "ft MlOHtIlly
Qvcrftge 3risii momtoF) record, flnd report to the county dgpicuitupfti ftgent of tiM*
volumes erf water withdrawn from surface-water sources. Such monitoring, recording, nifty T&C Dflsed on flny reliftoie1 procedure flpproved ift writing oy tne
out trie director snsii not PCQUIPC tne installation of flny sucn monitoring^
gfttion system, ivion11OPing flnd recording of sucn dflts stiflli oegm no Iflter tnsn tne dfltc of receipt of notit icstion irons tne director tnflt ft portrculflr procedure fop
me d written recjuest IOP sucn spppovfll witn the dipectop oy not ister tnfln uflnuflpy ir, 1083. The initial report shall be submitted -to the appropriate county agricultural agent ne later than April iy 1083. Thereafter, art annual rep*t must be submitted to the appropriate county agricultural agent no later than April 1 of each year.
\ij--Jcjflcn county fl^picultupsl ftgent sndll topwflpd tne reports submitted to sucn agent ndr paragraph (!) of this subsection to the director within 30 days after such reports are received by the county agricultural agent.
report peQUiped oy tins suosection must cont&in nf inropmfltion f-, including adequate descriptions of all equipment, to enable th director te convert time of se te volume of surface water withdrawn each month. {4}--Any person subject te this subsection shall provide te th agent of the director sccess to tne iPPI^&11on system IOP purposes of verifying dfltfl pepopted &nd me&supmg flow. 8uch access wiH be during normal working hours. \oj Any person vioiflting ftny provision of tnis suDsection sriB.ll De liflbie IOP ft CIVH penftity not to exceed ipi.ou.uu top sucn violfttion tnd ftn ddditiondl civil penfllty not te exceed $10.00 for each day during which such violation continues."
Section 2. Said chapter is further amended by striking paragraph (4) of Code Section 12-5-92, relating to definitions as used in Part 2 of said chapter, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Director' means the director^ or his designee, of the Environmental Protection Division of the Department of Natural Resources."
Section 3. Said chapter is further amended by adding between paragraph (5) and paragraph (6) of Code Section 12-5-92, relating to definitions used in Part 2 of said chapter, a new paragraph (5.1) to read as follows:
"(5.1) 'Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provi sions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in Chatham, Effingham, Bryan, and Glynn counties, where irrigation of recreational turf shall not be considered a farm use."
Section 4. Said chapter is further amended by striking paragraph (7) of subsection (d) of Code Section 12-5-96, relating to the granting, modification, or regulation of permits issued pursuant thereto, in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) The importance and necessity of the uses2 including farm uses, claimed by permit applicants under this Code section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public use;".
Section 5. Said chapter is further amended by striking subsection (g) of Code Section 12-5-96, relating to the granting, modification, or regulation of permits issued pur suant thereto, in its entirety and inserting in lieu thereof a new paragraph (g) to read as follows:

732

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\^T--Any person wno nas exnausted all administrative remedies and wno is aggrieved by a tinal decision ttt & contested case i& entitled c& judicial review a& provided by sub section \c) Or L.- ode bcction l--. v or tnc purposes or tnis part, sucn review is* also spe cifically subject to subsection (a) ef Code Section 60-13-10.
(g) (1) Except as otherwise provided in Code Section 12-5-102 for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promul gated thereunder. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have a right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court in the county of the applicant's or permittee's residence. For the purposes of this part, such review is also specifically subject to subsection (a) of Code Section 50-13-19.
(2) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce. In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear argu ments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with
the petitioner."
Section 6. Said chapter is further amended by striking Code Section 12-5-97, relat ing to \,he granting, duration, renewal, or transfer of permits, in its entirety and inserting in lieu thereof a new Code Section 12-5-97 to read as follows:
"12-5-97. (a) Ne Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, no permit under Code Section 12-5-96 shall be issued for a longer
period than the longest longer of the following: (1) Ten years; or (2) The period found by the division to be necessary for reasonable amortization
of the applicant's water withdrawal and water using water-using facilities. (b) Permits may be renewed following at any time within six months prior to the date of their expiration upon compliance with Code Section 12-5-96. (c) Permits Except as provided in paragraph (1) of subsection (b) of Code Section 12-5-105, permits shall not be transferred except with the approval of the division. (d) Every Except as provided in paragraph 1 of subsection (b) of Code Section 12-5-105, every person who is required by this part to secure a permit shall file with the division, in the manner prescribed by the division, a certified statement of quantities of water used and withdrawn, sources of water, and the nature of the use thereof not more frequently than at 30 day intervals. Such statements shall be filed on forms furnished by the division within 90 days after the issuance of regulations. Water users not required to secure a permit shall comply with procedures established to protect and manage the water resources of the state. Such procedures shall be within the provisions of this part and shall be adopted after public hearing. The requirements embodied in the two pre ceding sentences shall not apply to individual domestic water use. (e) If any person who is required to secure a permit under this part is unable to fur nish accurate information concerning amounts of water being withdrawn or used, or if there is evidence that his certified statement is false or inaccurate or that he is with drawing or using a larger quantity of water or under different conditions than has been

MONDAY, FEBRUARY 8, 1988

733

authorized by the division, the division shall have the authority to require such person to install water meters or some other more economical means for measuring water use acceptable to the division. In determining the amount of water being withdrawn or used by a permit holder or applicant, the division may use the rated capacity of his pumps, the rated capacity of his cooling system, data furnished by the applicant, or the stan dards or methods employed by the United States Geological Survey in determining such quantities or by any other accepted method.
(f) In any case where a permit applicant can prove to the division's satisfaction that the applicant was withdrawing or using water prior to July 1, 1973, the The division shall take into consideration the extent to which such per any ase uses or withdrawal withdrawals was were reasonably necessary, in the judgment of the division, to meet his needs and shall grant a permit which shall meet those reasonable needs; provided, how ever, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use.
(g) The division shall also take into consideration in the granting of any permit the prior investments of any person in lands and the nature of any plans for the usage of water in connection with such lands, which plans have been submitted to the division within a reasonable time after July 1, 1973^ or, if for farm uses, after July lj 1988; pro vided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use.
(h) Pending the issuance or denial of a permit pursuant to subsection (f) or (g) of this Code section, the applicant may continue the same withdrawal or use which existed prior to July 1, 1973."
Section 7. Said chapter is further amended by striking Code Section 12-5-102, relating to emergency orders, in its entirety and inserting in lieu thereof a new Code Section 12-5-102 to read as follows:
"12-5-102. (a) After receipt of an affidavit affidavits or other sworn statement statements from a perseft persons setting forth an emergency situation requiring immediate action to protect the public health or welfare, and after the division finds that such an emergency exists requiring immediate action to protect the public health or welfare, the division may, without notice or hearing, issue an order reciting the exist ence of such an emergency and requiring that such action be taken as the division deems necessary to meet the emergency. Such order shall^ except as to farm uses, be effective immediately, and any person to whom such order is directed shall comply therewith immediately but, on application to the division, shall be afforded a hearing within five days from the day on which the order is issued. On the basis of such hearing, the divi sion shall continue such order in effect, revoke it, or modify it.
(b) Any appeal from such order shall be in accordance with subsection (c) of Code Section 12-2-2, and, for the purposes of this part, shall be specifically subject to subsec tion (a) of Code Section 50-13-19, except that the initial hearing shall be within five days from the date on which the order was issued. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing shall waive such right.
(c) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use.
(d) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section."
Section 8. Said chapter is further amended by striking Code Section 12-5-105, relating to exemption for agricultural purposes, which reads as follows:
"12-5-105. (a) Except as provided for in this Code section, this part shall not apply to persons utilizing or withdrawing water for agricultural purposes.
(b) Any person who owns or operates an irrigation system used for agricultural pur poses which operation results in the withdrawal and utilization of ground waters in excess of 100,000 gallons per day on a monthly average shall monitor, record, and report

734

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to the county agricultural agent of the county in which the irrigation system is located data necessary to calculate monthly volumes of water withdrawn from ground water sources. Such monitoring, recording, and reporting may be based on any reliable proce dure approved in writing by the director, but the director shall not require the installa tion of any such monitoring, recording, and reporting system which costs more than $100.00 for any single irrigation system. Monitoring and recording of such data shall begin no later than the date of receipt of notification from the director that a particular procedure for monitoring, recording, and reporting has been approved. Each person affected must file a written request for such approval with the director by not later than January 1, 1983. The initial report shall be submitted to the appropriate county agricul tural agent no later than April 1, 1983. Thereafter, an annual report must be submitted to the appropriate county agricultural agent no later than April 1 of each year.
(c) Each county agricultural agent shall forward the reports submitted to such agent under subsection (b) of this Code section to the director within 30 days after such reports are received by the county agricultural agent.
(d) Each annual report required by this Code section must contain all information necessary, including adequate descriptions of all equipment, to enable the director to convert time of use to volume of ground water withdrawn each month. In addition, the location, depth, and diameter of the well must be specified.
(e) Any person subject to subsection (b) of this Code section shall provide to the agents of the director access to the irrigation system for purposes of verifying data reported and measuring flow. Such access will be during normal working hours.
(f) Any person violating this Code section shall be liable for a civil penalty not to exceed $100.00 for such violation and an additional civil penalty not to exceed $10.00 for each day during which such violation continues.",
in its entirety and inserting in lieu thereof a new Code Section 12-5-105 to read as follows:
"12-5-105. (a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (10) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicant's farm use of ground water occurred prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 1988, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the five-year period immedi ately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when sub mitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 12-5-97, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such ground water. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the general type of irrigation system used; well con struction; and pump information, including rated capacity, pump setting depth, and power information.
(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (10) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) A permit issued for farm uses shall have no annual reporting requirements and no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive writ ten notice of any such transfer or assignment, and any modification in the use or

MONDAY, FEBRUARY 8, 1988

735

capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part;
(2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse;
(3) The director may suspend or modify a permit for farm use if he should deter mine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use;
(4) During emergency periods of water shortage, the director shall give first prior ity to providing water for human consumption and second priority to farm use; and
(5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (c) Nothing in this Code section shall be construed as a repeal or modification of Code Section 12-5-104."
Section 9. This Act shall become effective July 1, 1988.
Section 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:

Representative Milford of the 13th moves to amend the Committee substitute to HB 1543 as follows:
On Page 5, after Line 10, "No water shall be piped over 50 miles without the approval of the General Assembly, after the enactment of this legislation."

The Committee substitute was adopted.

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

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

Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert Y Coleman
Y Colwell Y Connell Y Couch
N Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M 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
N Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner
Y Harris Y Hasty 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 N Long Y Lord
Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody
Moore Y Morion Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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 Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
N Royal Y Selman Y Shepard N Sherrod Y Simpson Y Sinkfield
Y Sizemore

736

JOURNAL OF THE HOUSE,

Y Smith.L 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 Tolbert 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
N Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1417.

By Representative Crosby of the 150th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxation, so as to revise provisions relating to income tax administration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withholding tax returns.

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
Bannister Y Bargeron
Y Barnett,B Y Barnett,M YBeck
Benefield
Benn Y Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L
Y Colbert

Y Coleman Colwell Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis,M Y Dixon N 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 Y Hamilton
Y Hanner Y Harris Y Hasty 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 McCoy
McDonald
Y McKelvey McKinney
Y Meadows YMilam
Y Milford Y Mobley Y Moody
Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orrock
Y Padgett Y Pannell YParham 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 Y Richardson Y Ricketson 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 YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
N Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall
Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams.B Y Williams,J
Y Wilson YWood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 159, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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 1417.

MONDAY, FEBRUARY 8, 1988

737

HB 1418. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-114, relating to the requirement of pay ment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals.

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
Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Y Diiton Y Dobba 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 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
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 Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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
Rainey Y Ramsey.T
Ramsey,V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson 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 YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Y Williams.J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1419.

By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Anno tated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding.

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
Atkins Y Bailey
Balkcom

Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick

Branch Y Brooks Y Brown YBuck Y Buford

738

JOURNAL OF THE HOUSE,

YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks
Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M Y Dixon Y Dobb8 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 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 Y Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald
Y McKelvey McKinney
Y Meadows Y Milam Y Milford Y Mobley
Y Moody Moore
Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Sizemore Y 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 Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Wilson
Wood Y Workman
Y Yeargin 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 McCoy of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1431.

By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 16-9-51 of the Official Code of Georgia Anno tated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Balk com
Y Bannister Y Bargeron
Y Barnett,B
Y Barnett.M YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Y Bostick Branch

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

Y Crosby Y Cummings.B
Cummings.M
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 N Gresham Y Griffin

Y Groover Y Hamilton
Hanner Y Harris
Y Hasty 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 Y Lawrence
Y Lawson YLee Y Linder
YLong YLord N Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley

MONDAY, FEBRUARY 8, 1988

739

Y Moody Moore
Y Morton YMostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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 N Randall Y Ransom Y Ray Y Reaves Y Redding

Richardson Y Ricketson
Y Robinson Y Royal Y Selman N Shepard Y Sherrod
Simpson Sinkfield Y Sizemore N Smith.L 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 Tolbert
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

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

On the passage of the Bill, the ayes were 153, nays 9. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 758. By Representatives Byrd of the 153rd and Greene of the 130th:
A resolution recognizing and commending the officials of the Youth Assem bly.

Representative McKinney of the 35th 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.

740

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 9, 1988

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 Rusty Ricketson, Pastor, Stonecrest Baptist Church, Woodstock, 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 1652. By Representative Wall of the 61st: A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1653. By Representative Wall of the 61st: A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Lawrenceville actually occupied by the owner as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 9, 1988

741

HB 1654. By Representative Mobley of the 64th:
A bill to provide that each resident of the Barrow 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 $15,000.00 per annum shall be granted an exemption from all Barrow County School District taxes not exceeding $15,000.00 of the assessed value of such person's homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1655. By Representatives Alford of the 57th and Hensley of the 20th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits.
Referred to the Committee on Judiciary.

HB 1656. By Representative Randall of the 101st:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to the regulation of alcoholic beverages generally, so as to change certain provisions relating to the regulation of alcoholic beverages and licensed premises on which alcoholic beverages are sold.
Referred to the Committee on Regulated Beverages.

HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Anno tated, relating to the authority of counties to levy, assess, and collect busi ness and occupational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.
Referred to the Committee on Ways & Means.

HB 1658. By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th, Thompson of the 20th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to provide that the city shall levy and collect an additional tax of not more than one mill on all real and personal property within the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1659. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to provide that each resident of the Cherokee 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 $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence.
Referred to the Committee on State Planning & Community Affairs - Local.

742

JOURNAL OF THE HOUSE,

HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.
Referred to the Committee on Motor Vehicles.

HB 1661. By Representative Thomas of the 69th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to include within the defini tion of employee for workers' compensation coverage persons who, having been convicted of an offense, have been directed by the court to perform community service work for a municipality or county as a part of or condi tion of the sentence.
Referred to the Committee on Judiciary.

HB 1662. By Representatives Lawler of the 20th, Cummings of the 17th and Buck of the 95th:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to make it unlawful to endanger or denigrate another person as a precondition of joining a school organization.
Referred to the Committee on University System of Georgia.

HB 1663. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to provide for election of the chairman and the members of the board of education of Jefferson County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1664. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to provide for an expense allowance for the chairman and other members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1665. By Representatives Twiggs of the 4th and Dobbs of the 74th:
A bill to amend Code Section 32-6-21 of the Official Code of Georgia Anno tated, relating to securing loads on vehicles, so as to specify the manner in which pulpwood or logs shall be secured when transported upon any public road or highway in this state.
Referred to the Committee on Transportation.

TUESDAY, FEBRUARY 9, 1988

743

HB 1666. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exer cise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1667. By Representatives Herbert of the 76th and Selman of the 32nd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for deer farming and the production and sale of farm raised deer and deer products; to provide for definitions; to pro vide for licenses and the requirements, conditions, fees, practices, and proce dures related to such licenses and licensees.
Referred to the Committee on Game, Fish & Recreation.

HB 1669. By Representative Birdsong of the 104th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification with respect to the death or permanent disability of law enforcement officers, firemen, prison guards, and emergency medical technicians, so as to expand the coverage of the indemni fication program.
Referred to the Committee on Public Safety.

HB 1670. By Representatives Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Alford of the 57th, Lawrence of the 49th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the numbers of judges of superior courts, so as to provide for a ninth judge of the superior courts of the Stone Mountain Judicial Cir cuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
Referred to the Committee on Judiciary.

HB 1671. By Representatives Ware of the 77th and Wood of the 9th:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Anno tated, relating to the Georgia Life and Health Insurance Guaranty Associa tion, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons.
Referred to the Committee on Insurance.

HB 1672. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

744

JOURNAL OF THE HOUSE,

HB 1673. By Representative Hudson of the 117th:
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 exempt propane gas used for certain agricultural purposes and agricultural business purposes.
Referred to the Committee on Ways & Means.

HB 1674. By Representative Stephens of the 68th:
A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties at tax sales, so as to provide a date for the expiration of the redemption period for realty sold under tax execution before August 22, 1981.
Referred to the Committee on Special Judiciary.

HB 1675. By Representative Murphy of the 18th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Anno tated, relating to the election, qualification, commissioning, and removal of county surveyors, so as to change the application of certain qualifications for county surveyors.
Referred to the Committee on Rules.

HR 756. By Representatives Triplett of the 128th and Pannell of the 122nd:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia in Chatham County, Georgia, to Chatham County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 757. By Representatives Hamilton of the 124th, Dobbs of the 74th, Dover of the llth, Triplett of the 128th, Waldrep of the 80th and others:
A resolution creating the House Alternative Revenue Sources Study Commit tee.
Referred to the Committee on Rules.

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

HB 1690. By Representatives Smith of the 152nd, Reaves of the 147th, Ray of the 98th, Steinberg of the 46th, Richardson of the 52nd and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title.
Referred to the Committee on Agriculture & Consumer Affairs.

TUESDAY, FEBRUARY 9, 1988

745

HB 1691. By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Benn of the 38th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employ ment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.
Referred to the Committee on Appropriations.

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

HB 1640 HB 1641 HB 1642 HB 1643 HB 1644 HB 1645 HB 1647 HB 1648 HHBB 11664590
HB 1651
HB 1668
HR 749
SB 453
SB 484

SB 500 SB 503 SB 527 SB 536 SB 545 SB 559 OR r ft1 SB 562 B" 556b32
SB 576
SB 582
SB 590
SR 295
SR 316

Representative Coleman of the 118th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1563 Do Pass, as Amended
Respectfully submitted, M Coleman of the 118th
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 619 Do Pass, by Substitute HR 728 Do Pass

746

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ 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 House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 430 Do Pass, by Substitute HB 1294 Do Pass, by Substitute HB 1521 Do Pass

HB 1561 Do Pass HB 1562 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 has instructed me to report the same back to the House with the following recommendations:
HB 1633 Do Pass HB 1646 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, FEBRUARY 9, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 21st Legislative Day as enumerated below:
HB 71 Child Restraint: requirements HB 1160 Insurance: Premium Taxes: Date of Collection HB 1218 Fulton County: Bond Elections Prohibit Certain Date HB 1306 Family Day-Care Centers: Space Requirements HB 1318 Post-Mortem Exam.: Cert. Deaths: Blood Analysis HB 1386 Estates: Decedents in Nursing Homes: Jurisdiction HB 1406 Family Violence: Protective Orders: Enforcement HB 1411 Radiation Control: Licensing of Users: Amend Provisions HB 1429 Sexual Criminal Conviction: Furnish Records to GBI HB 1436 Firefighter: Official Duties: Prohibit Obstruction HB 1464 Ad Val. Tax: Trans. Certain Agricultural Prop, to Relative

TUESDAY, FEBRUARY 9, 1988

747

HB 1483 State Medical Ed. Bd.: Executive Director: Employment HB 1491 Pub. Sch. Teachers & Employees: Health Ins.: Discharge of Debt HB 1493 St. Employees: Health Insurance: Checks Void After Cert. Time HB 1571 Business Corp. Code: Merger or Combination: Prohibitions HB 1589 Insurable Interest: Corporate Officers and Employees
HR 590 Jasper T. Copelan Bridge: Designate HR 708 Chieftains Trail: Designation HR 720 W. L. "Pug" Mabry Highway: Designate in Roswell HR 731 House State Offices and Facilities 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 Bill of the House was taken up for consideration and read the third time:

HB 1633.

By Representatives Thompson of the 20th, Clark of the 20th, Hensley of the 20th, Isakson of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators; to change the number of assistant district attor neys; to change the provisions relative to the compensation of the chief investigator.

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

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 1646.

By Representatives Williams of the 48th, Richardson of the 52nd, Davis of the 45th, Mangum of the 57th, Lawrence of the 49th and others:
A bill to provide that each resident of the DeKalb County School District who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County School Dis trict 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:

Aaron Y Adams.G
Adams.M
YAiken Y Alford
Alien

Y Athon Y Atkins Y Bailey
Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Barnett.M
Y Beck
Y Benefield Y Benn
Birdsong

Y Bishop Y Bostick
Branch
Y Brooks Brown
Y Buck

Y Buford Y Byrd Y Carrell
Y Carter Y Chambless Y Chance

748

JOURNAL OF THE HOUSE,

Y Cheeks Y Childere YClark.B Y Clark.H
Clark.L
Y Colbert Coleman Colwell
Y Connell Y Couch Y Cox Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dkon
Dobbs Dover
Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Green Y Greene

Y Greer Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty 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 Y Lawler Y Lawrence Y Lawson Y Lee

Linder Y Long Y Lord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M Y Orrock Y Padgett Y Pannell Y Parham
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
Y Ray Y Reaves Y Redding Y Richardson
Ricketson 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

Y Snow Y Stancil
Stanley Y Stemberg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson
Y Watts White Wilder
Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 141, 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 603. By Senator Bowen of the 13th:
A bill to amend an Act creating the board of commissioners of Irwin County, as amended, so as to create a five-member board of commissioners for Irwin County; to provide for the election of members; to provide for qualifications; to provide for terms of office; to provide for commissioner districts.

HB 733. By Representatives Redding of the 50th, Robinson of the 58th, Benn of the 38th, Clark of the 55th, McKinney of the 35th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to require the Board of Directors of the Authority to meet with the local governing bodies which appoint members of the board.

HB 1379. By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the compensation of the chairman and the other members of the board of Oconee County.

TUESDAY, FEBRUARY 9, 1988

749

HB 1474. By Representative Hooks of the 116th:
A bill to create the Sumter County Public School System by merging and consolidating the county school system of Sumter County and the independ ent school system of the City of Americus; to create the board of education for the Sumter County Public School System.

SB 249. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize retirement for members who will attain 30 years of service during the first part of an ensuing school year; to provide for other matters relative thereto; to provide an effective date.

SB 370. By Senators Scott of the 2nd, Coleman of the 1st and Allgood of the 22nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to the definition of a teacher; to authorize cer tain public school employees to become members of the retirement system; to provide for certain creditable service in connection therewith.

SB 458. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide, free of charge, special license plates for former members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.

SB 473. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Anno tated, relating to the applicability of the workers' compensation laws to employers and employees generally, so as to extend coverage of the workers' compensation laws to employees of the Department of Corrections who are engaged in farm and livestock operations; to provide an effective date.

SB 490. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-7-161 of the Official Code of Georgia Anno tated, relating to definitions with respect to collection of debts through setoff of refunds from income taxes, so as to change the definition of the term "claimant agency".

SB 491. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change certain penalty provisions relating to the "Employment Security Law"; to make it unlawful for any person to establish a fictitious employing unit for the pur pose of receiving unemployment compensation benefits; to provide a penalty.

750

JOURNAL OF THE HOUSE,

SB 518. By Senators Gillis of the 20th, Ray of the 19th and Kennedy of the 4th:
A bill to amend Code Section 12-8-122 of the Official Code of Georgia Anno tated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to set forth the conditions upon which a party state may withdraw from the compact without the unanimous approval of the other party states and the consent of Congress.

SB 540. By Senators Stumbaugh of the 55th, Crumbley of the 17th and Allgood of the 22nd:
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 that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circum stances; to provide for the content of such regulations; to provide an effective date.

SB 547. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-354 of the Official Code of Georgia Anno tated, relating to the creation and appointment of the Board of Trustees of the Subsequent Injury Trust Fund, so as to provide that the executive direc tor, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees.

SB 550. By Senators Gillis of the 20th, English of the 21st and Ray of the 19th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to define the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board.

SB 556. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to specify the parties who may prosecute an action under this Code section; to provide an effective date.

SB 557. By Senator Howard of the 42nd:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Anno tated, relating to tattooing, so as to change the age of those persons whom it is unlawful to tattoo.

HB 305. By Representative Reaves of the 147th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agri cultural Exposition Authority shall become members of said retirement system.

TUESDAY, FEBRUARY 9, 1988

751

HB 357. By Representative Johnson of the 72nd:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and other benefits under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment; to provide for a definition and for other matters relative thereto.

HB 356. By Representatives Connell of the 87th, Johnson of the 72nd and Buck of the 95th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum benefits payable to persons eligible or who become eligible to receive benefits under such pension fund.

HB 358. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-2-29 of the Official Code of Georgia Anno tated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, so as to provide for a one-time cost-of-living increase in benefits for certain beneficiaries under said retirement system.

HB 458. 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 Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors benefits, under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivors benefits.

HB 718. By Representative Parrish of the 109th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to requirements for continued active membership in the fund; to provide for an increase in retirement benefits.

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

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Anno tated, relating to definitions concerning public utilities and public trans portation, so as to change certain provisions relating to the definition of the term "motor common carrier and motor contract carrier".

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

SB 417. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Anno tated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide certain transportation, escort, and security services in connection with certain athletic events in the state.

752

JOURNAL OF THE HOUSE,

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

SR 296. By Senator Coverdell of the 40th:
A resolution relative to preserving the apartment house home of Margaret Mitchell where the world famous novel Gone With the Wind was written.

SR 301. By Senator Allgood of the 22nd:
A resolution designating the Georgia State University College of Law Library in cooperation with the Special Collections Department of the Georgia State University library, as the official depository for personal legislative records and papers of members of the General Assembly.

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

HB 1323. By Representatives Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Johnson of the 123rd, Triplett of the 128th and others:
A bill to create the Chatham-Savannah Youth Futures Authority.

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

SB 249. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize retirement for members who will attain 30 years of service during the first part of an ensuing school year; to provide for other matters relative thereto; to provide an effective date.
Referred to the Committee on Retirement.

SB 370. By Senators Scott of the 2nd, Coleman of the 1st and Allgood of the 22nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to the definition of a teacher; to authorize cer tain public school employees to become members of the retirement system; to provide for certain creditable service in connection therewith.
Referred to the Committee on Retirement.

SB 458. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide, free of charge, special license plates for former members of the Georgia National Guard with 20 or more years' service in the National Guard; to provide procedures; to provide for form of license plate.
Referred to the Committee on Motor Vehicles.

TUESDAY, FEBRUARY 9, 1988

753

SB 473. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Anno tated, relating to the applicability of the workers' compensation laws to employers and employees generally, so as to extend coverage of the workers' compensation laws to employees of the Department of Corrections who are engaged in farm and livestock operations; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 490. By Senator Dawkins of the 45th:
A bill to amend Code Section 48-7-161 of the Official Code of Georgia Anno tated, relating to definitions with respect to collection of debts through setoff of refunds from income taxes, so as to change the definition of the term "claimant agency".
Referred to the Committee on Ways & Means.

SB 491. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change certain penalty provisions relating to the "Employment Security Law"; to make it unlawful for any person to establish a fictitious employing unit for the pur pose of receiving unemployment compensation benefits; to provide a penalty.
Referred to the Committee on Industry.

SB 518. By Senators Gillis of the 20th, Ray of the 19th and Kennedy of the 4th:
A bill to amend Code Section 12-8-122 of the Official Code of Georgia Anno tated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to set forth the conditions upon which a party state may withdraw from the compact without the unanimous approval of the other party states and the consent of Congress.
Referred to the Committee on Natural Resources & Environment.

SB 540. By Senators Stumbaugh of the 55th, Crumbley of the 17th and Allgood of the 22nd:
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 that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circum stances; to provide for the content of such regulations; to provide an effective date.
Referred to the Committee on Insurance.

SB 547. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-354 of the Official Code of Georgia Anno tated, relating to the creation and appointment of the Board of Trustees of the Subsequent Injury Trust Fund, so as to provide that the executive direc tor, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees.
Referred to the Committee on Judiciary.

754

JOURNAL OF THE HOUSE,

SB 550. By Senators Gillis of the 20th, English of the 21st and Ray of the 19th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to define the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board.
Referred to the Committee on Natural Resources & Environment.

SB 556. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to the issuance of bad checks, so as to specify the parties who may prosecute an action under this Code section; to provide an effective date.
Referred to the Committee on Special Judiciary.

SB 557. By Senator Howard of the 42nd:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Anno tated, relating to tattooing, so as to change the age of those persons whom it is unlawful to tattoo.
Referred to the Committee on Special Judiciary.

SB 603. By Senator Bowen of the 13th:
A bill to amend an Act creating the board of commissioners of Irwin County, as amended, so as to create a five-member board of commissioners for Irwin County; to provide for the election of members; to provide for qualifications; to provide for terms of office; to provide for commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 296. By Senator Coverdell of the 40th:
A resolution relative to preserving the apartment house home of Margaret Mitchell where the world famous novel "Gone With the Wind" was written.
Referred to the Committee on Rules.

SR 301. By Senator Allgood of the 22nd:
A resolution designating the Georgia State University College of Law Library in cooperation with the Special Collections Department of the Georgia State University library, as the official depository for personal legislative records and papers of members of the General Assembly.
Referred to the Committee on University System of Georgia.

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

HB 1378.

By Representative Stancil of the 66th:
A bill to amend an Act creating the board of commissioners of Oconee County so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provisions relating to removal or suspension of the chairman or members of the board of commissioners.

TUESDAY, FEBRUARY 9, 1988

755

The following Senate substitute was read:
A BILL
To amend an Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the powers, duties, and authority of the chairman; to provide for duties of the vice chairman; to change the provi sions relating to removal or suspension of the chairman or members of the board of commissioners; to change the provisions relating to vacancies on the board of commis sioners; to prescribe an oath and bond for the chairman and members of the board of commissioners; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. Any vacancy occurring in the office of chairman or member on the board of commissioners existing on or after the effective date of this Act having an unexpired term exceeding 180 days shall be filled for the unexpired term by a special election under the rules and procedure set forth in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Any vacancy occurring in the office of chairman or member on the board of commissioners having an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any person so appointed to fill a vacancy on such board must be eligible to be elected to such vacant position."
Section 2. Said Act is further amended by striking Section 6 and inserting in its place a new Section 6 to read as follows:
"Section 6. Before entering the duties of the office of chairman or commissioner, the chairman and each member of the board of commissioners shall take the oath required of all civil officers of this state and shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in this state. Such bond shall be approved by the Judge of the Probate Court of Oconee County and shall be filed in the office of the probate court and shall be payable to the Governor of this state and his successor in office for the use of Oconee County. Such bond shall be conditioned upon the faithful performance of the duties of the office of chairman or commissioner. The cost of said bond shall be paid from the general funds of Oconee County."
Section 3. Said Act is further amended by striking Section 9 and inserting in its place a new Section 9 to read as follows:
"Section 9. (a) The chairman of the board of commissioners shall have the follow ing duties and responsibilities:
(1) To act as presiding officer at all meetings of the board, including the duty of preserving order and decorum at such meetings;
(2) To state every question coming before the board and 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;
(3) To exercise the right to vote to break a tie vote; (4) To sign all ordinances, resolutions, and contracts in behalf of the county; (5) To execute all evidences of indebtedness incurred by the county; (6) To act as ceremonial head of the county government; and (7) To exercise other administrative duties that may be delegated to the chairman by the board of commissioners. (b) The office of the chairman of the board of commissioners shall be part time. (c) In the event of vacancy in the office of chairman or the illness, incapacity, absence, or failure to act, the duties of the chairman may be exercised by the vice chair man. In the event of a vacancy, illness, absence, incapacity, or failure to act by the

756

JOURNAL OF THE HOUSE,

chairman for a period exceeding 30 days, the vice chairman, on approval of the board of commissioners, shall be compensated in the same amount as that provided for the office of chairman."
Section 4. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows:
"Section 10. The removal or suspension of the chairman or a member of the board of commissioners of Oconee County shall be governed by general law."
Section 5. Section 3 of this Act shall become effective on January 1, 1989. The remaining provisions of this Act shall become effective upon their approval by the Gover nor or upon their becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Stancil of the 66th moved that the House agree to the Senate substi tute to HB 1378.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 760. By Representatives Reaves of the 147th, Sherrod of the 143rd, Carter of the 146th, Moody of the 153rd, Byrd of the 153rd and others:
A resolution proclaiming February 10, 1988, as Georgia Farm Bureau Day at the state capitol.

HR 761. By Representatives Reaves of the 147th, Sherrod of the 143rd, Carter of the 146th, Moody of the 153rd, Oliver of the 121st and others:
A resolution urging the United States Interagency Committee on Smoking and Health to refrain from taking any action to limit or impede the export of Georgia tobacco.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Senate substitute was read:

A BILL
To amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Anno tated, 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 related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 9, 1988

757

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 Anno tated, 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 will was executed in another state and the will is valid in this state 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 inven tories and returns in Georgia, provided the same does not work any injury to creditors or third persons, other than legatees under the will."
Section 2. This Act shall become effective July 1, 1988, and shall apply to proceed ings commenced on or after said effective date.
Section 3. 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 598.
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
Benefield YBenn
Birdsong Y Bishop Y Bostick
Branch Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert

Coleman Colwell
Y Connell Couch
YCox Y Crawford
Crosby
Y Cummings.B Y Cummings.M Y Davis.G N 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 Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Hensley Herbert Holcomb

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

On the motion, the ayes were 135, nays 1. The motion prevailed.

Y Mostiler Y Moultrie Y Mueller
Oliver.C Oliver.M 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
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman
Shepard Y Sherrod
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
Thomas.C Thomas.M Y Thompson Thurmond Y Tolbert Townsend Y Triplet! Twiggs Waddle Y Waldrep Walker.C Walker.L Y Wall Y Ware Y Watson Y Watts Y White Wilder Y Williams.B
Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

758

JOURNAL OF THE HOUSE,

HB 615. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Chapter 3 of Title 15 of the Official Code of Georgia Anno tated, relating to the Court of Appeals, so as to authorize the Court of Appeals to establish by rule a preappeal settlement conference procedure.

The following Senate substitute was read:

A BILL
To amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to establish by rule a preappeal settlement conference procedure; to provide for settlement conference judges; to provide for travel, per diem, and pay allowances; to provide for review of proposed rules or amendments; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, is amended by adding a new Code section at the end thereof, to be designated Code Section 15-3-13, to read as follows:
"15-3-13. (a) The Court of Appeals of Georgia is authorized to establish by rule of court a voluntary preappeal settlement conference procedure. In furtherance of such a procedure, the court is authorized to provide by rule for the extension of time for the filing of the record, enumerations of error, briefs, or other matters for which time of filing is otherwise prescribed by statute.
(b) The Court of Appeals shall utilize Senior Appellate Court Justices and Judges and senior superior court judges as settlement conference judges.
(c) Settlement conference judges 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 courts when called.
(d) Any rules or amendments thereto adopted pursuant to this Code section shall be submitted to the State Bar of Georgia, the Judiciary Committee of the House of Repre sentatives, and the Judiciary Committee of the Senate at least 30 days before such rules or amendments shall become effective. The Court of Appeals shall receive and consider such comments as shall be made by such organization or committees."
Section 2. This Act shall become effective February 1, 1989.
Section 3. 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 615.

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 Benefleld Y Benn
Birdsong Y Bishop Y Bostick
Branch Y Brooks
Brown
Y Buck Y Buford Y Byrd Y Carrell Y Carter
Chambless Y Chance

Y Cheeks Y Childers
Y Clark.B Y Clark.H Y Clark.L
Y Colbert Coleman Colwell
Connell Couch Y Cox Y Crawford Y Crosby
Cummings.B Y Cummings.M

Y Davis.G Y Davis.M
Y Dixon Y Dobbs
Dover
Dunn Edwards Y Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Green Y Greene

Y Greet Gresham
Y Griffin Y Groover Y Hamilton
Y Banner Y Harris Y Hasty
Y Heard Y Hensley Y Herbert
Holcomb Y Holmes
Y Hooks Hudson

TUESDAY, FEBRUARY 9, 1988

759

Y Isakson Y Jackson.J
Jackson, W Y Jamieson
Johnson.D Y Johnson.R Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Langford Lawler Y Lawrence Y Lawson Y Lee Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum

Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C Oliver.M 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 Y Ray Y Reaves Y Redding
Richardson Y Ricketson Y Robinson

Y Royal Y Selman
Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore
Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre Snow Stancil Y Stanley Y Steinberg Y Stephens Thomas.C Y Thomas.M Y Thompson Thurmond

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

On the motion, the ayes were 136, nays 0. The motion prevailed.

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provisions relating to sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.

The following Senate substitute was read:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to catch-out ponds and licenses; to change the provisions relating to food fish dealers; to change the provisions relating to sale of fish by commercial fish hatch eries; to change the provisions relating to the licensing of wholesale and retail fish dealers; to provide for a definition; to exempt certain fish and the production, hatching, raising, harvesting, and sale of certain fish and activities and persons, partnerships, firms, corpora tions, associations, and legal entities connected therewith from the game and fish laws of this state; to provide for exceptions; to declare that certain activities connected with cer tain fish are declared to be an agricultural pursuit; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new paragraph (36) to read as follows:
"(36) 'Game fish' means the following fish: (A) Bass: (i) Largemouth bass; (ii) Smallmouth bass; (iii) White bass;

760

JOURNAL OF THE HOUSE,

(iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass. (B) Trout: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout. (C) Crappie: (i) White crappie; and (ii) Black crappie. (D) Shad: (i) American shad; and (ii) Hickory shad. (E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers), rock bass (goggleye); (iii) Redbreast sunfish; (iv) Redear sunfish; (v) Bluegill (bream); and (vi) Warmouth. (F) Perch: (i) Walleye; and (ii) Sauger. (G) Pickerel: (i) Muskellunge; (ii) Chain pickerel; (iii) Grass pickerel; and (iv) Redfin pickerel. (H) Catfish^ except as provided in Code Section 27-4-78: (i) Channel catfish; and (ii) Flathead catfish."
Section 2. Said title is further amended by striking Code Section 27-4-31, relating to catch-out pond licenses, and inserting in lieu thereof a new Code Section 27-4-31 to read as follows:
"27-4-31. (a) The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in the pond as if the pond were a licensed catch-out pond.
(b) No catch-out pond license shall be required for any privately owned pond, race way, fish hatchery, or other privately owned impoundment of water which is used for the commercial production of farm fish as provided in Code Section 27-4-78."
Section 3. Said title is further amended by striking subsection (c) of Code Section 27-4-74.1, relating to food fish dealers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(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. How ever, any person purchasing fish from a commercial fish hatchery under the authority

TUESDAY, FEBRUARY 9, 1988

761

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 sub section (c) of Code Section 27-4-74 and persons selling fish as authorized by Code Section 27-4-78 shall not be required to obtain a license under this Code section."
Section 4. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, and inserting in lieu thereof a new Code Section 27-4-75 to read as follows:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as provided in Code Section 27-4-78.
(b) Except as provided in Code Section 27-4-74 or 27-4-78, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell for consumption or resale any species of game fish other than American shad, hickory shad, flathead catfish, or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless the fish are accompanied by a bona fide bill of sale or lading detailing the number and pounds of each species of fish contained therein.
(c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."
Section 5. Said title is further amended by striking subsection (a) of Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) ft Except as provided in Code Section 27-4-78, it shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Notwithstanding any other provision to the contrary, neither a licensed commercial fish hatchery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer."

Section 6. Said title is further amended by adding, following Code Section 27-4-77, a new Code Section 27-4-78 to read as follows:
"27-4-78. (a) As used in this Code section, the term 'farm fish' means catfish, including channel catfish and flathead catfish.
(b) Notwithstanding any other provision of this title to the contrary, farm fish which are commercially produced and sold only as food and which are produced, hatched, and raised in a privately owned pond, raceway, fish hatchery, or other privately owned impoundment of water are declared to be a domestic farm product, shall not be included within the definition of 'game fish" as used in this title, and are exempt from all provi sions of this title.
(c) Any person, partnership, firm, corporation, association, or other legal entity engaged in commercially producing, hatching, raising, harvesting, and selling farm fish as food for human consumption is declared to be engaged in an agricultural pursuit and shall be exempt from all provisions of this title, including all requirements for obtaining any licenses, regulations relative to harvesting of fish, and record-keeping requirements, but only to the extent such activities relate solely to farm fish. Any activity or action of any such person, partnership, firm, corporation, association, or other legal entity which relates to any fish other than a farm fish shall not be exempt from the provisions of this title. The exemptions provided in this Code section shall apply to any pond, race way, fish hatchery, or other impoundment of water in which the owner allows any person to fish solely for farm fish as a recreational pursuit as provided in Code Section 27-4-31.

762

JOURNAL OF THE HOUSE,

(d) The Department of Natural Resources is authorized to inspect and regulate any operation that is in the business of growing and selling farm fish, as defined in subsec tion (a) of this Code section, for food processing or restocking other waters."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Hudson of the 117th moved that the House disagree to the Senate substitute to HB 7.
The motion prevailed.

HB 636. By Representatives Jamieson of the llth, Alford of the 57th, Moore of the 139th, Hasty of the 8th, Lane of the 27th and others:
A bill to amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to require contractors to give bid bonds to the state, counties, municipal corporations, or any other public board or body thereof on certain bids for contracts for the doing of any public work.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to general provisions applicable to contracts for public works, so as to pro vide that the state, counties, municipal corporations, or any public boards or bodies thereof shall be authorized to require contractors to give bid bonds or other security on certain bids for contracts for the doing of any public work; to provide for the amount of bid bonds or other security; to provide certain exceptions; to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public con tractors, so as to redesignate certain Code provisions; to provide for actions on breached bid bonds; to provide procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Anno tated, relating to general provisions applicable to contracts for public works, is amended by striking Code Section 13-10-1, relating to bonds required on contracts with the state, counties, municipal corporations, or other public bodies for public works, and inserting in its place a new Code Section 13-10-1 to read as follows:
"13-10-1. (a) (1) If the state, a county, a municipal corporation, or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state, county, municipal corporation, or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.

TUESDAY, FEBRUARY 9, 1988

763

(2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the pro tection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. () (b) No contract with this state, a county, a municipal corporation, or any other public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4;
(2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all per sons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. fb) (c) This Code section shall not apply where the total contract price does not exceed $20,000.00; provided, however, that the state, any department or agency thereof, a county, a municipal corporation, or any public board or body thereof may in its discre tion require performance and payment bonds or bid bonds or other security for any public works contract."
Section 2. Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Anno tated, relating to bonds for public contractors, is amended by striking Code Section 36-82-102, relating to approval and filing of bonds, and inserting in its place a new Code Section 36-82-102 to read as follows:
"36-82-102. The bonds required under Code Section 36-82-101 shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein unless the contract is for the erection, improve ment, or repair of buildings for a state institution, in which case it shall be approved and filed with the board or officer having the financial management of such institution. If the surety named in the bonds is other than a surety company authorized by law to do business in this state, such bonds shall not be approved and filed unless such surety makes and files an affidavit with such bonds, stating under oath that he is the fee simple owner of real estate equal in value to the amount of the bonds over and above any and all liens, encumbrances, and exemption rights allowed by law. If the payment bond required in paragraph (2) of subsection (a) (b) of Code Section 13-10-1, together with affidavit when necessary, is not taken in the manner and form required in this Code section, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond."
Section 3. Said article is further amended by striking subsection (a) of Code Section 36-82-104, relating to action on breached bonds, and inserting in its place a new subsection (a) to read as follows:
"(a) The obligee in any bid bond required to be given in accordance with subsection (a) of Code Section 13-10-1 or the obligee in any performance bond required to be given in accordance with paragraph (1) of subsection {*) (b) of Code Section 13-10-1 shall be entitled to maintain an action thereon at any time upon any breach of such bond."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

764

JOURNAL OF THE HOUSE,

Representative Jamieson of the llth moved that the House agree to the Senate substi tute to HB 636.
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
Branch Y Brooks Y Brown
Bu.k Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert

Y Coleman Colwell
Y Connell Y Couch
YCox Y Crawford Y Crosby
Y Cummings.B Y Cummings.M 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
Gresham Y Griffin
Groover Y Hamilton Y Manner
Y Harris Y Hasty Y Heard Y Hensley
Herbert 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
Lane.D Y Lane.R
Langford Lawler
Y Lawrence Y Lawson
YLee Linder
YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley
Y Moody Y Moore Y Morton

On the motion, the ayes were 145, nays 0. The motion prevailed.

Y Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y 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 Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

HB 713. By Representative Moultrie of the 93rd:
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 the filing of liens created pursuant to Section 107(f)(3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.

The following Senate substitute was read:

A BILL
To amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide for the discharge of certain mechanics' or materialmen's liens; to provide for procedures; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking Code Section

TUESDAY, FEBRUARY 9, 1988

765

44-14-364, relating to the release of certain liens upon the filing of a bond, and inserting in its place a new Code Section 44-14-364 to read as follows:
"44-14-364. (a) (1) When Except as otherwise provided in paragraph (2) of this subsection, when any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceed ings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any action that may be filed by the lienholder to recover the amount of his claim within 12 months from the time the claim becomes due. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encum brances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit.
(2) When any person entitled under this part to claim a lien against any real estate located in this state files his lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate may dis charge such lien by paying the amount of such lien, in cash or cash equivalents, including, but not limited to certificates of deposit or treasury certificates which are payable to the clerk, to such clerk. Such payment shall be held bjr such clerk under the condition that it be paid over to the holder of the lien upon judgment m favor of such lienholder in any action that may be filed by such lienholder to recover the amount of his claim within 12 months from the time the claim becomes due or if such case is otherwise disposed of in favor of the lienholder. If in an action against the owner's bond, judgment is rendered in favor of the owner of the real estate or if the case is otherwise disposed of in favor of such owner, such amount shall be returned to such owner. Upon the payment of such amount to such clerk as provided for in this paragraph, the real estate shall be discharged from the lien. (b) The clerk of the superior court shall have the right to rely upon the amount specified in the claim of lien in determining the sufficiency of any bond to discharge under this Code section. The failure to specify both the amount claimed due under the lien and the date said claim was due
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 Moultrie of the 93rd moved that the House disagree to the Senate sub stitute to HB 713.
The motion prevailed.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a third Committee of Conference thereon:

766

JOURNAL OF THE HOUSE,

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 second Committee of Conference be dissolved and that a third Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a third Committee of Conference on the part of the House the following members:
Representatives Patten of the 149th, Holmes of the 28th and Lee of the 72nd.

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

HB 1229. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Pettit of the 19th, Robinson of the 96th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated.

The following Senate amendment was read:

Amend HB 1229 by redesignating paragraph (2) on line 10 of page 9 as paragraph (3).
By adding between lines 9 and 10 of page 9 the following:
"(2) By striking 'made or on behalf of residents' and inserting in lieu thereof 'made by or on behalf of residents' in subsection (d) of Code Section 31-7-12, relating to the definition of the term 'Personal care home' and licensure and registration of such facil ity."
By striking line 25 of page 18 and inserting in lieu thereof the following:
"(6) By striking 'net operating loss' and inserting in lieu thereof 'net operating losses' in the first sentence of paragraph (3) of subsection (b) and by striking 'involving' and inserting in lieu".
Representative Thomas of the 69th moved that the House agree to the Senate amend ment to HB 1229.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M YAiken Y Alford
Y Alien YAthon 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
Y Brooks Y Brown Y Buck

Y Buford
Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers

Y Clark,B
Y Clark.H Y Clark,L Y Colbert Y Coleman
Y Colwell Y Connell Y Couch

TUESDAY, FEBRUARY 9, 1988

767

YCox Y Crawtord Y Crosby Y Cummings.B Y Cummings.M
Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
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 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 Y Lawson
Lee Linder YLong YLord Y Lucas Y Lupton Y Mangum

Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman

On the motion, the ayes were 165, nays 0. The motion prevailed.

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 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 YSnow
Y Stancil

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

HB 1241.

By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to pro vide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

The following Senate amendment was read:

Amend HB 1241 by striking in Section 1 on line 23 of page 1 the word "who" and inserting in lieu thereof the following:
"2 subject to the approval of the Governor, which executive director".

Representative Twiggs of the 4th moved that the House disagree to the Senate amendment to HB 1241.
The motion prevailed.

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Anno tated, relating to definitions concerning public utilities and public trans portation, so as to change certain provisions relating to the definition of the term "motor common carrier and motor contract carrier".

The following Senate substitute was read:

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change certain provisions relating to the definition

768

JOURNAL OF THE HOUSE,

of the term "motor common carrier and motor contract carrier"; to limit the authority of municipalities to regulate taxicabs and limousines; to authorize any county or municipality to regulate limousines for hire that are domiciled in such county or municipality or that operate between two or more termini in such county or municipality; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, is amended by striking in its entirety division (7)(C)(ii) of Code Section 46-1-1, relating to definitions concerning public utilities and public trans portation, and inserting in lieu thereof a new division (7)(C)(ii) to read as follows:
"(ii) Taxicabs, limousines, vans, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs2 and buseSj vans, and limousines transporting passengers only even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini out side of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process;".
Section 2. Said title is further amended by striking in its entirety division (7)(C)(xiii) of Code Section 46-1-1, relating to definitions concerning public utilities and public trans portation, and inserting in lieu thereof a new division (7)(C)(xiii) to read as follows:
"(xiii) Vehicles transporting not more than 15 persons for hire, except that any oper ator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules. This registration and identification requirement shall not apply to:
(I) Taxicabs, vans, and other motor vehicles operating within the corporate limits of municipalities and subject to regulation by governing authorities of such municipal ities;
(II) Taxicabs and vans even though such motor vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such munici palities, provided that they do not operate to and from fixed termini outside of such limits; or
(III) Taxicabs, vans, and other motor vehicles which are subject to regulation by any municipality. Except as provided in Part 4 of Article 4 of Chapter 9 of this title, such registration shall in no way abrogate or impair regulation by governing authorities of municipalities in which such motor vehicles operate;".
Section 3. Said title is further amended by adding at the end of Article 4 of Chapter 9, relating to transportation of passengers, a new Part 4 to read as follows:
"Part 4
46-9-180. Taxicabs, limousines, and vans transporting passengers only, which vehi cles, in the prosecution of their regular business, occasionally go into the corporate limits of a municipality, shall not be regulated by the governing authority of such municipality unless 10 percent of the business of such taxicabs or limousines is generated in such municipality.
46-9-181. Taxicabs, limousines, and vans which are licensed by the governing author ity of a political subdivision and which have a fixed terminal outside of a municipality shall not be required to maintain a fixed terminal within a municipality even if such taxicabs and limousines are subject to regulation by the municipality.

TUESDAY, FEBRUARY 9, 1988

769

46-9-182. Any county or municipality is authorized to regulate limousines for hire that are domiciled in such county or municipality or that operate between two or more termini in such county or municipality."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 114th moved that the House disagree to the Senate sub stitute to HB 743.
The motion prevailed.

HB 1285.

By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

The following Senate amendment was read:

Amend HB 1285 by adding on Page 2, lines 25 and 26 between the words "police" and "of" the words "or public safety director",
and by adding on Page 3, line 1 between the words "chief and "or" the words "or public safety director".

Representative Barnett of the 10th moved that the House disagree to the Senate amendment to HB 1285.
The motion prevailed.

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

HR 731. By Representatives Walker of the 115th, Lee of the 72nd, Groover of the 99th, Coleman of the 118th and Colwell of the 4th:

A RESOLUTION
Creating the House State Offices and Facilities Study Committee; and for other pur poses.
WHEREAS, offices and facilities of the State of Georgia are currently located throughout the Atlanta metropolitan area in both state owned and leased facilities as well as in the Capitol hill area; and
WHEREAS, there exists a need for the legislative branch of state government to con duct a thorough and detailed study with respect to the following issues:
(1) Whether it is feasible and in the best interests of the state to locate and acquire one or more large tracts of land for the expansion and consolidation of state offices and facilities;
(2) The need for and feasibility of a comprehensive long-range plan for the loca tion, acquisition, and construction of state offices and facilities; and
(3) The need for and availability of the expertise within state government to pro vide real estate, architectural, engineering, and other professional services necessary to long-range planning with respect to such matters; and

770

JOURNAL OF THE HOUSE,

WHEREAS, the House of Representatives should create a committee to study the foregoing issues in cooperation with any similar committee created by the Senate.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House State Offices and Facilities 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 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 issues mentioned above and other issues related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may con duct such meetings at such places and at such times as it may deem necessary or conven ient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized.
BE IT FURTHER RESOLVED that the committee is authorized to function for all intents and purposes as a joint committee with any similar committee which may be created by the Senate. In the event that the committee so acts as a joint committee with any Senate committee, the chairman of the House committee shall serve as cochairman of the joint committee and the chairman of the Senate committee shall also serve as a cochairman of the joint committee; and the name, style, and procedures of the joint committee shall be determined by the joint committee.
BE IT FURTHER RESOLVED that 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 sugges tions for proposed legislation, if any, such report shall be made on or before December 1, 1988. If the committee acts as a joint committee with any Senate committee, any such report may be issued as a joint committee report. The committee shall stand abolished on December 1, 1988.

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

Y Aaron Y Adams.G Y Adams.M
Aiken 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
Benn Y Birdsong Y Bishop Y Bostick
Branch Y Brooks

Y Brown Y Buck
Buford
Y Byrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Colbert
Y Coleman Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Cummings.B

Y Cummings.M 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 Y Heard
Y Hensley Y Herbert Y Holcomb
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 Y Lawrence

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

TUESDAY, FEBRUARY 9, 1988

771

Mueller
Y Oliver.C 01iver,M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Pittman

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

Y Royal Y Selman
Shepsrd
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
Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C

Y Walker.L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ Y Wilson
YWood Y Workman
Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 762. By Representatives Lucas of the 102nd, Randall of the 101st, Cummings of the 134th, Davis of the 29th, Thomas of the 31st and others:
A resolution commending Reverend Jesse Jackson and inviting him to address the House of Representatives.

The Speaker Pro Tern assumed the Chair.

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

HR 590. By Representative Green of the 106th: A resolution designating the Jasper T. Copelan Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on State Planning and Community Affairs:

SB 479. By Senators Turner of the 8th, Harris of the 27th, Newbill of the 56th and others:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of "eligible persons and families"; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates.

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

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HB 1323. By Representatives Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Johnson of the 123rd, Triplett of the 128th and others:
A bill to create the Chatham-Savannah Youth Futures Authority.

The following Senate amendment was read:

Amend HB 1323 by inserting in line 25 on page 3 between the semicolon following the word "Savannah" and the word "and" the following:
"the governing body of any other municipality located within Chatham County;". By striking from lines 22 and 23 on page 6 the following: "Seven members of the authority or a majority of those present.", and inserting in lieu thereof the following: "a majority of a quorum." By striking from line 5 and 6 on page 7 the following: "paragraphs (1) through (3) of.

Representative Pannell of the 122nd moved that the House agree to the Senate amendment to HB 1323.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 311. By Representative Ramsey of the 3rd:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Anno tated, relating to buildings presenting special hazards to persons or property and requirements as to construction and maintenance of such buildings, so as to require certain buildings with sleeping accommodations which were con structed prior to 1976 to have a smoke or products of combustion detector in each room having sleeping accommodations unless the state fire marshal or proper local fire marshal waives such requirement.

The following Senate amendment was read:

Amend HB 311 by striking on line 20 of page 2 the following: "1988",
and inserting in lieu thereof the following: "1989".

Representative Ramsey of the 3rd moved that the House agree to the Senate amend ment to HB 311.
On the motion, the ayes were 98, nays 0.
The motion prevailed.

TUESDAY, FEBRUARY 9, 1988

773

HB 312. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and businesses, public agencies, political sub divisions, authorities, and instrumentalities, including state or federal licens ing regulatory agencies or their designated representatives.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Crime Information Center, so as to provide for the dissemi nation of criminal history records maintained by the center to private persons and businesses, public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives; to exclude from such disseminations the records of arrests, charges, and sentences relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where first offend ers have been exonerated and discharged without adjudications of guilt, unless such disseminations are specifically authorized by law; to authorize the requirement of fees for the dissemination of such records; to authorize local criminal justice agencies to dissemi nate such records under the same conditions under which the center may make such disseminations; to require certain disclosures in the event employment decisions are based upon such records; to provide for immunities; to provide for penalties; 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 2 of Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Crime Information Center, is amended by striking in its entirety Code Section 35-3-34, relating to the dissemination of records by the center, which reads as follows:
"35-3-34. (a) The center shall be authorized to: (1) Make records of adjudications of guilt available to private persons and busi
nesses as follows: (A) Make available to employers or their designated representatives, for the pur
pose of making employment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve:
(i) Working in or near private dwellings without immediate supervision; (ii) Custody or control over or access to cash or valuable items; (iii) Knowledge of or access to secret processes, trade secrets, or other confiden tial business information; or (iv) Ensuring the security or safety of other employees, customers, or property of the employer; (B) Make available to appropriate personnel or representatives designated by the owner or manager of any business or commercial establishment records of per sons apprehended for or suspected of a specific criminal act or acts of which the establishment or an employee of the establishment in the course of his employment is a victim; (2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state of providing such disseminations. (b) Information disseminated pursuant to subparagraph (a)(l)(A) of this Code section shall be available only to persons involved in the hiring, background investi gation, or job assignment of the person whose record is disseminated. Information dis seminated pursuant to subparagraph (a)(l)(B) of this Code section shall be available

774

JOURNAL OF THE HOUSE,

only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts. Any dissemination of any information obtained pursuant to this Code section to any person not specifically authorized to receive it or any use of any information obtained pursuant to this Code section for any purpose other than the pur pose for which it was obtained shall constitute a violation of Code Section 35-3-38.
(c) In the event that a decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the business or person making the adverse decision of all information pertinent to this decision. This shall include information that a record was obtained from the center, the specific con tents of the record, and the effect that the record had upon the decision.
(d) Neither the center, its employees, nor any other agency or employee of the state shall be responsible for the accuracy of information nor have any liability for defama tion, invasion of privacy, negligence, or any other claim in connection with any dissemi nation of information pursuant to this Code section.
(e) The center shall disseminate records pursuant to subparagraph (a)(l)(A) of this
Code section only upon positive identification by fingerprint comparison. The center shall disseminate records pursuant to subparagraph (a)(l)(B) of this Code section on fingerprint identification; and when fingerprints are unavailable or time prohibits the use of fingerprints for identification, identification may be made through the use of the
name, date of birth, sex, and race of the person, with appropriate qualifications. (f) Local criminal justice agencies may disseminate records of adjudication of guilt,
without fingerprint comparison or prior contact with the center, to the same individuals and for the same purposes as described in subparagraphs (a)(l)(A) and (a)(l)(B) of this
Code section and may charge fees as needed to reimburse such agency for any costs of providing the disseminations.
(g) The council is empowered to adopt rules, regulations, and forms to implement this Code section and provide for security and privacy of information disseminated pur suant hereto, giving first priority to the criminal justice requirements of this article.
Such rules may include requirements for users, audits of users, and such other proce
dures as may be necessary to prevent unauthorized use of criminal history record information and to ensure compliance with federal regulations.
(h) The council may adopt rules authorizing any local law enforcement agency to act as an agent for the center in receiving requests for information and disseminating information pursuant to such requests.",
and inserting in lieu thereof a new Code Section 35-3-34 to read as follows: "35-3-34. (a) The center shall be authorized to:
(1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions:
(A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are
requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full
name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, and sentences for
crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudica
tions of guilt, except as specifically authorized by law; and
(2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct
and indirect costs to the state for providing such disseminations. (b) In the event that an employment decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the
business or person making the adverse employment decision of all information pertinent to that decision. This disclosure shall include information that a record was obtained
from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor.

TUESDAY, FEBRUARY 9, 1988

775

(c) Neither the center, its employees, nor any agency or employee of the state shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with the dissemination pursuant to this Code section and shall be immune from suit based upon any such claims.
(d) Local criminal justice agencies may disseminate criminal history records, without fingerprint comparison or prior contact with the center, to private individuals and busi nesses under the same conditions as set forth in paragraph (1) of subsection (a) of this Code section and may charge fees as needed to reimburse such agencies for their direct and indirect costs related to the providing of such disseminations.
(e) The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section."
Section 2. Said article is further amended by striking in its entirety Code Section 35-3-35, relating to the dissemination of records by center and local criminal justice agen cies to state agencies or political subdivisions thereof and to federal agencies, which reads as follows:
"35-3-35. (a) The center shall be authorized to: (1) Make records of adjudications of guilt available to any other agency of this
state or political subdivision of this state or to any federal agency as follows: (A) Make available to public agencies, political subdivisions, authorities and
instrumentalities, state or federal, or their designated representatives, for the pur pose of making employment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve:
(i) Working in or near private dwellings or public buildings and facilities without immediate supervision;
(ii) Custody or control over or access to cash or valuable items; (iii) Knowledge of or access to secret processes or confidential governmental information; or (iv) Ensuring the security or safety of other employees, the general public, or property of the state or federal political subdivisions, authorities, and instrumen talities;
(B) Make available to appropriate counsel or representatives designated by the state, a political subdivision, authority, or instrumentality thereof, or to any federal agency records of persons apprehended for or suspected of a specific criminal act or acts of which such state, political subdivision, authority or instrumentality thereof, or federal agency or an employee thereof or member of the general public at such institution or agency in the course of his employment or by reason of his presence at the institution or agency is a victim;
(2) Charge fees for disseminating records pursuant to this Code section, which fees will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state of providing such disseminations. (b) Any dissemination of any information obtained pursuant to this Code section to any person not specifically authorized to receive it or any use of any information obtained pursuant to this Code section for any purpose other than the purpose for which it was obtained shall constitute a violation of Code Section 35-3-38. (c) Information disseminated pursuant to subparagraph (a)(l)(A) of this Code section shall be available only to persons involved in the hiring, background investi gation, or job assignment of the person whose record is disseminated.
(d) In the event that a decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the state agency, political subdivision, federal agency, or person making the adverse decision of all information pertinent to this decision. This shall include information that a record was obtained from the center, the specific contents of the record, and the effect that the record had upon the decision.
(e) Information disseminated pursuant to subparagraph (a)(l)(B) of this Code section shall be available only to persons involved in deciding whether or not to prefer

776

JOURNAL OF THE HOUSE,

charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts.
(f) Neither the center, its employees, nor any other agency or employee of the state shall be responsible for the accuracy of information or have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this Code section.
(g) The center shall disseminate records pursuant to subparagraph (a)(l)(A) of this Code section only upon positive identification by fingerprint comparison. The center shall disseminate records pursuant to subparagraph (a)(l)(B) of this Code section on fingerprint identification; and when fingerprints are unavailable or time prohibits the use of fingerprints for identification, identification may be made through the use of the name, date of birth, sex, and race of the person, with appropriate qualifications.
(h) Local criminal justice agencies may disseminate records of adjudication of guilt, without fingerprint comparison or prior contact with the center, to the same individuals and for the same purposes as described in subparagraphs (a)(l)(A) and (a)(l)(B) of this Code section and may charge fees as needed to reimburse such agency for any costs of providing the disseminations.
(i) The council is empowered to adopt rules, regulations, and forms to implement this Code section and provide for security and privacy of information disseminated pur suant hereto, giving first priority to the criminal justice requirements of this article. Such rules may include requirements for users, audits of users, and such other proce dures as may be necessary to prevent unauthorized use of criminal history record information and to ensure compliance with federal regulations.
(j) The council may adopt rules authorizing any local law enforcement agency to act as an agent for the center in receiving requests for information and disseminating information pursuant to such requests.", and inserting in lieu thereof a new Code Section 35-3-35 to read as follows:
"35-3-35. (a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to public
agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the following conditions:
(A) Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and
(B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudica tions of guilt, except as specifically authorized by law; and
(2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations.
(b) In the event an employment or licensing decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the public agency, political subdivision, authority or instrumentality, or licensing or regulatory agency making the adverse employment decision of all information pertinent to that decision. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor.
(c) Neither the center, its employees, nor any agency or employee of the state shall be responsible for the accuracy of information disseminated nor have any liability for defamation, invasion of privacy, negligence, nor any other claim in connection with any dissemination pursuant to this Code section and shall be immune from suit based upon such claims.

TUESDAY, FEBRUARY 9, 1988

777

(d) Local criminal justice agencies may disseminate criminal history records to public agencies, political subdivisions, authorities, and instrumentalities, including state or fed eral licensing and regulatory agencies under the same conditions as set forth in para graph (1) of subsection (a) of this Code section and may charge fees as necessary to reimburse such agencies for their direct and indirect costs associated with providing such disseminations.
(e) The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section."
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 Ramsey of the 3rd moved that the House agree to the Senate substi tute to HB 312.
On the motion, the ayes were 108, nays 0.
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 1218.

By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th, Sinkfield of the 37th, Couch of the 40th and others:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to procedure for authorization of bonded debt, so as to pro hibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a popu lation of 550,000 or more according to the United States decennial census of 1980 or any future such census.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, so as to prohibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census; to provide for an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, is amended by adding a new subsection immediately following subsection (b), to be designated subsection (b.l), to read as follows:
"(b.l) In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, no county-wide bond election or school bond election in the unincorporated area of any such county shall be held on any date other than the date of the November general election; pro vided, however, that upon a determination by any superior court of competent jurisdic tion that the holding of such election on the date of the November general election would cause irreparable harm to the electors of any such county, such election shall be held in the manner provided for in subsection (b) of this Code section."

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JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1464. By Representatives Sherrod of the 143rd, Royal of the 144th, Barnett of the 10th, Moore of the 139th, Sizemore of the 136th 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 agricultural prop erty, so as to provide that a certain amount of property subject to a covenant of agricultural use may under certain circumstances be transferred to a rela tive of an owner of the 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1483.

By Representatives Coleman of the 118th and Buck of the 95th:
A bill to amend Code Section 20-3-511 of the Official Code of Georgia Anno tated, providing for the secretary of the State Medical Education Board, so as to abolish the office of secretary of that board and authorize that board to employ instead an executive director and to provide for the duties, responsibilities, and compensation of the executive director.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1589. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Anno tated, relating to the requirement of insurable interest with reference to per sonal insurance, so as to provide that a publicly owned corporation shall have an insurable interest in the lives of any of its directors, officers, and employees.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Y Bargeron Y Barnett.B Y Barnett.M Y Beck

Y Benefield Y Benn Y Birdsong Y Bishop
Bostick

Branch Y Brooks Y Brown Y Buck Y Buford

TUESDAY, FEBRUARY 9, 1988

779

YByrd Y Carrel!
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd Y Foster YGaler

Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris Y Hasty Y 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
Langford Y Lawler

Y Lawrence Lawson
YLee
Y Linder YLong
Lord Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey McKinney Y Meadows YMilam Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,M
Orrock Y Padgett Y Pannell YParham Y Parrish

Y Patten Y Peters Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod
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 Tolbert Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy,Spkr

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

HB 1571.

By Representatives Robinson of the 96th, Lupton of the 25th, Porter of the 119th, Chambless of the 133rd and Buck of the 95th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, the "Georgia Business Corporation Code," so as to provide that resi dent domestic corporations shall not engage in certain business combinations with certain interested shareholders.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," so as to provide that resident domestic corporations shall not engage in certain business combinations with certain interested shareholders; to define terms; to provide exceptions; to provide for inapplicability of the foregoing unless specifically provided by corporate bylaw; to provide for related matters; to provide effec tive dates; to provide for repeal of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," is amended by adding between Articles 11 and 12 a new Article 11A to read as follows:
"ARTICLE 11A
14-2-236. For purposes of this article, the definitions contained in Code Section 14-2-232 shall be applicable with the following exceptions:

780

JOURNAL OF THE HOUSE,

(1) For purposes of this article, a person shall not be considered to be the 'bene ficial owner,' as that term is defined in paragraph (4) of Code Section 14-2-232, of:
(A) Stock tendered pursuant to a tender or exchange offer made by such person or any of such person's affiliates or associates until such tendered stock is accepted for purchase or exchange; or
(B) Any equity securities which such person or such person's affiliates or associ ates have the right to vote pursuant to any agreement, arrangement, or understand ing if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicita tion made to ten or more persons. (2) For purposes of this article, 'business combination' means:
(A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested share holder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resident domestic corporation's voting
stock; (B) Any sale, lease, transfer, or other disposition, other than in the ordinary
course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than
the resident domestic corporation or any of its subsidiaries, of any assets of the resi dent domestic corporation or any subsidiary having, measured at the time the trans
action or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic
corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter;
(C) The issuance or transfer by the resident domestic corporation, or any subsid iary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market
value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident domestic corporation whose shares are being
issued to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries,
except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any
other method affording substantially proportionate treatment to the holders of voting shares, and except pursuant to the exercise or conversion of securities
exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securities were outstanding prior to the time that any inter
ested shareholder became such; (D) The adoption of any plan or proposal for the liquidation or dissolution of
the resident domestic corporation; (E) Any reclassification of securities, including any reverse stock split, or recapi
talization of the resident domestic corporation, or any merger or consolidation of the
resident domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount
of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially
owned by any interested shareholder or any affiliate of any interested shareholder. (F) Any receipt by the interested shareholder, or any affiliate or associate of the
interested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a resident domestic corporation), of any loans, advances, guarantees, pledges, or other financial benefits or assistance or
any tax credits or other tax advantages provided by or through the resident domes
tic corporation or any of its subsidiaries. (3) For purposes of this article and Article 11, the presumption of 'control' created by paragraph (7) of Code Section 14-2-232 shall not apply where such person holds

TUESDAY, FEBRUARY 9, 1988

781

voting stock, in good faith and not for the purpose of circumventing this article or Article 11, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not individually or as a group have control of the corporation.
(4) For purposes of this article, a 'resident domestic corporation' means an issuer of voting stock which is organized under the laws of this state. 14-2-237. (a) Notwithstanding any other provision of this chapter (except for the provisions of subsection (b) of this Code section and Code Section 14-2-238), a resident domestic corporation shall not engage in any business combination with any interested shareholder for a period of five years following the date that such shareholder became an interested shareholder, unless:
(1) Prior to such date the resident domestic corporation's board of directors approved either the business combination or the transaction which resulted in the shareholder becoming an interested shareholder;
(2) In the transaction which resulted in the shareholder becoming an interested shareholder, the interested shareholder became the beneficial owner of at least 90 per cent of the voting stock of the resident domestic corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by: (A) persons who are directors and also offi cers; and (B) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be ten dered in a tender or exchange offer; or
(3) Subsequent to becoming an interested shareholder, such shareholder acquired additional shares resulting in the interested shareholder being the beneficial owner of at least 90 percent of the outstanding voting stock of the resident domestic corpora tion and the business combination was approved at an annual or special meeting of shareholders by the holders of a majority of the voting stock entitled to vote thereon, excluding from said vote, for the purpose of this paragraph only, the voting stock beneficially owned by the interested shareholder or by any director or officer of the resident domestic corporation.
(b) The restrictions contained in this Code section shall not apply if a shareholder: (1) becomes an interested shareholder inadvertently; (2) as soon as practicable divests sufficient shares so that the shareholder ceases to be an interested shareholder; and (3) would not, at any time within the five-year period immediately prior to a business combination between the resident domestic corporation and such shareholder, have been an interested shareholder but for the inadvertent acquisition.
14-2-238. (a) The requirements of this article shall not apply to business combi nations with interested shareholders unless the bylaws of the resident domestic corpora tion specifically provide that all of such requirements are applicable to the resident domestic corporation. Such a bylaw may be adopted at any time in the manner provided in this chapter and shall apply to any business combination with an interested share
holder after the date of the bylaw's adoption, provided that such bylaw shall not apply to restrict a business combination between the corporation and an interested shareholder
of the resident domestic corporation if the interested shareholder became such prior to the effective date of the bylaw. Such a bylaw shall be irrevocable except as provided in
subsection (b) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of
the resident domestic corporation.
(b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and
a majority of the votes entitled to be cast by voting shares of the resident domestic cor poration, other than shares beneficially owned by an interested shareholder, in addition
to any other vote required by the articles of incorporation or bylaws to amend the
bylaws. Any action to repeal any bylaw in accordance with this subsection shall not be effective until 18 months after the shareholder vote to effect such repeal and shall not
apply to any business combination between such resident domestic corporation and any person who became an interested shareholder of such resident domestic corporation on

782

JOURNAL OF THE HOUSE,

or prior to such repeal. Once the bylaw has been repealed in accordance with this sub section, the resident domestic corporation shall not thereafter be entitled to adopt the bylaw in accordance with subsection (a) of this Code section.
(c) Nothing contained in this article shall be deemed to limit in any manner a resi dent domestic corporation's right to include in its articles of incorporation or bylaws any provision regarding the approval of business combinations which would not otherwise be prohibited by this chapter.
(d) Nothing contained in this article shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to Code Section 14-2-235. The requirements of any bylaw adopted under this article will be in addition to the requirements of any bylaw adopted pursuant to Article 11 of this chapter.
(e) Nothing contained in Article 11 of this chapter shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to this Code section. The requirements of any bylaw adopted under Article 11 of this chapter will be in addition to the requirements of any bylaw adopted pursuant to this article."
Part II
Section 2. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," as contained in HB 1272 and enacted at the 1988 regular session of the General Assembly of Georgia is amended by adding, following Article 11 thereof a new Article 11A to read as follows:
"ARTICLE 11A
14-2-1131. For purposes of this article, the definitions contained in Code Section 14-2-1110 shall be applicable with the following exceptions:
(1) For purposes of this article, a person shall not be considered to be the 'bene ficial owner,' as that term is defined in paragraph (4) of Code Section 14-2-1110, of:
(A) Stock tendered pursuant to a tender or exchange offer made by such person or any of such person's affiliates or associates until such tendered stock is accepted for purchase or exchange; or
(B) Any equity securities which such person or such person's affiliates or associ ates have the right to vote pursuant to any agreement, arrangement, or understand ing if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicita tion made to ten or more persons. (2) For purposes of this article, 'business combination' means:
(A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested share holder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resident domestic corporation's voting stock;
(B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resi dent domestic corporation or any subsidiary having, measured at the time the trans action or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter;
(C) The issuance or transfer by the resident domestic corporation, or any subsid iary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident domestic corporation whose shares are being

TUESDAY, FEBRUARY 9, 1988

783

issued to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares, and except pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securities were outstanding prior to the time that any inter ested shareholder became such;
(D) The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation;
(E) Any reclassification of securities, including any reverse stock split, or recapi talization of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affiliate of any interested shareholder.
(F) Any receipt by the interested shareholder, or any affiliate or associate of the interested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a resident domestic corporation), of any loans, advances, guarantees, pledges, or other financial benefits or assistance or any tax credits or other tax advantages provided by or through the resident domes tic corporation or any of its subsidiaries. (3) For purposes of this article and Article 11, the presumption of 'control' created by paragraph (7) of Code Section 14-2-1110 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this article or Article 11, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not individually or as a group have control of the corporation.
(4) For purposes of this article, a 'resident domestic corporation' means an issuer of voting stock which is organized under the laws of this state.
14-2-1132. (a) Notwithstanding any other provision of this chapter (except for the provisions of subsection (b) of this Code section and Code Section 14-2-1133), a resident domestic corporation shall not engage in any business combination with any interested shareholder for a period of five years following the date that such shareholder became an interested shareholder, unless:
(1) Prior to such date the resident domestic corporation's board of directors approved either the business combination or the transaction which resulted in the shareholder becoming an interested shareholder;
(2) In the transaction which resulted in the shareholder becoming an interested shareholder, the interested shareholder became the beneficial owner of at least 90 per cent of the voting stock of the resident domestic corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by: (A) persons who are directors and also offi cers; and (B) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be ten dered in a tender or exchange offer; or
(3) Subsequent to becoming an interested shareholder, such shareholder acquired additional shares resulting in the interested shareholder being the beneficial owner of at least 90 percent of the outstanding voting stock of the resident domestic corpora tion and the business combination was approved at an annual or special meeting of shareholders by the holders of a majority of the voting stock entitled to vote thereon, excluding from said vote, for the purpose of this paragraph only, the voting stock beneficially owned by the interested shareholder or by any director or officer of the resident domestic corporation.
(b) The restrictions contained in this Code section shall not apply if a shareholder: (1) becomes an interested shareholder inadvertently; (2) as soon as practicable divests

784

JOURNAL OF THE HOUSE,

sufficient shares so that the shareholder ceases to be an interested shareholder; and (3) would not, at any time within the five-year period immediately prior to a business combination between the resident domestic corporation and such shareholder, have been an interested shareholder but for the inadvertent acquisition.
14-2-1133. (a) The requirements of this article shall not apply to business combi nations with interested shareholders unless the bylaws of the resident domestic corpora tion specifically provide that all of such requirements are applicable to the resident domestic corporation. Such a bylaw may be adopted at any time in the manner provided in this chapter and shall apply to any business combination with an interested share holder after the date of the bylaw's adoption, provided that such bylaw shall not apply to restrict a business combination between the corporation and an interested shareholder of the resident domestic corporation if the interested shareholder became such prior to the effective date of the bylaw. Such a bylaw shall be irrevocable except as provided in subsection (b) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of the resident domestic corporation.
(b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and a majority of the votes entitled to be cast by voting shares of the resident domestic cor poration, other than shares beneficially owned by an interested shareholder, in addition to any other vote required by the articles of incorporation or bylaws to amend the bylaws. Any action to repeal any bylaw in accordance with this subsection shall not be effective until 18 months after the shareholder vote to effect such repeal and shall not apply to any business combination between such resident domestic corporation and any person who became an interested shareholder of such resident domestic corporation on or prior to such repeal. Once the bylaw has been repealed in accordance with this sub section, the resident domestic corporation shall not thereafter be entitled to adopt the bylaw in accordance with subsection (a) of this Code section.
(c) Nothing contained in this article shall be deemed to limit in any manner a resi dent domestic corporation's right to include in its articles of incorporation or bylaws any provision regarding the approval of business combinations which would not otherwise be prohibited by this chapter.
(d) Nothing contained in this article shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to Code Section 14-2-1113. The requirements of any bylaw adopted under this article will be in addition to the requirements of any bylaw adopted pursuant to Article 11 of this chapter.
(e) Nothing contained in Article 11 of this chapter shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to this Code section. The requirements of any bylaw adopted under Article 11 of this chapter will be in addition to the requirements of any bylaw adopted pursuant to this article."
Part III
Section 3. Part I of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval and shall be repealed on the date Part II of this Act becomes effective. Part II of this Act shall become effective on July 1, 1989, if House Bill 1272, which revises Chapter 2 of Title 14 of the Official Code of Georgia Annotated, is enacted at the 1988 regular session of the General Assembly of Georgia and such bill becomes law.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

TUESDAY, FEBRUARY 9, 1988

785

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
Branch Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter
Chambless Y Chance
N Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
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 Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin Y Groover
Y Hamilton Y Banner Y Harris Y Hasty Y Heard
Y Hensley Y Herbert Y Holcomb

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

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson 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 Y Smyre
YSnow Y Stancil
Y Stanley Y Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Wataon
Y Watts White
Y Wilder
Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

HB 1406.

By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to granting of protective orders and approval of consent agree ments, so as to provide that the court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official to enforce or carry out such order.

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 YBenn
Birdsong

Y Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell

Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark,L Y Colbert

Y Coleman Colwell Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B
Cummings.M

786

JOURNAL OF THE HOUSE,

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 Heard Y Hensley Y Herbert Y 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 Langford
Y Lawler Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Lupton Y Mangum Y Martin Y McCoy Y McDonald

Y McKelvey McKinney
Y Meadows
Y Milam Milford
Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips
Y Pinkston Y Pittman
Y Porter Y Powell

Prichard Rainey Y Ramsey.T
Y Ramsey.V Y Randall
Ransom Ray Y Reaves
Y Redding Y Richardson
Ricketson 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
Smyre Y Snow Y Stancil Y Stanley

Y Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Townsend
Y Triplett Twiggs
Y Waddle
Y Waldrep Walker.C Walker.L
Y Wall
Y Ware
Y Watson Y Watte
White Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1318.

By Representatives Crawford of the 5th, Cox of the 141st, Bargeron of the 108th, Lord of the 107th, McCoy of the 1st and others:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, so as to provide that in the case of a death resulting from an apparent accident, homicide, suicide, or from an undetermined cause, the investigating coroner or medical examiner may require that a chemical blood test or other analysis deemed necessary be performed on the person to determine the presence of alcohol or drugs.

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 Y Balkcom
Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown

YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H
Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings.M
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 Y Heard

Y Hensley
Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
JohnsonJD 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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley
N Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock
Y Padgett

TUESDAY, FEBRUARY 9, 1988

787

YPannell Y Parham YParrish
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 Y Ray Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson
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
Y Snow Y Stancil Y Stanley Y Steinberg

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

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

On the passage of the Bill, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distri bution of insurance premiums taxes; to delete certain provisions requiring the Commis sioner to provide certain estimated revenue statements to certain cities and counties; to require revenues received by a county to be expended on services to inhabitants of the unincorporated areas of the county; to repeal the provisions relating to adjustment of ad valorem taxes of inhabitants of the unincorporated areas of counties; to change provisions relating to effect on certain county tax caps; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes upon insurance companies, is amended by striking Code Section 33-8-8.1, relating to county and municipal taxation of life insurance companies, Code Section 33-8-8.2, relating to county and municipal taxation of other insurance companies, and Code Section 33-8-8.3, relating to reduction of ad valorem taxes in unincorporated areas, and inserting in their place new Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3 to read as follows:
"33-8-8.1. (a) As used in this Code section, the term 'life insurance company' means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1).
(b) Life insurance companies are subject to county and municipal corporation taxes levied as follows:
(1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 33-8-4, which are received during the pre ceding calendar year from policies insuring persons residing within the unincorporated area of the counties pursuant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code

788

JOURNAL OF THE HOUSE,

Section 33-8-5, for the reduction of to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity considerations; and
(2) Municipal corporations whose ordinances have been filed with the Commis sioner are authorized to impose a tax on each life insurance company doing business within the state, which tax shall be based solely upon the gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the corporate limits of the municipal corporation pursuant to the provisions of this Code section; provided, however, that the rate of the tax may not exceed 1 percent of the premiums. The tax imposed shall not apply to annuity considerations. (c) (1) On March 1, 1984, and on that date in each subsequent year, each life insur ance company shall file a certified return on a form prescribed by the Commissioner showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement.
(2) On er before Jttne -Hh 1084, d n the aamc date in each subsequent year, the Commissioner shall provide to each county and municipal corporation which is impoa-
OT money tne attcctcci county or municipal corporation is expected to receive oascd en the reports fited pursuant te paragraph (1> ef this subsection. Reserved.
(3) On or before October 1&-, 1084, August l^ 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to subsection (b) of this Code section on behalf of counties and municipal corporations whose ordi nances have been filed with the Commissioner. The tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Pen alty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes. (d) Taxes imposed by subsection (b) of this Code section shall be allocated and dis tributed to counties and municipal corporations as follows:
(1) A portion of the total amount of life insurance premiums taxable by the state, exclusive of premiums collected by companies which qualify for the reduction to onehalf of 1 percent of the state tax, shall be allocated to counties based upon the ratio that the total population of all unincorporated areas in the state bears to the total population in the state. The amount of the tax base so allocated to counties shall be taxed at the rate levied for county purposes. The tax shall be distributed to each county governing authority by the Commissioner based upon a fraction, the numerator of which is the population of the unincorporated area of that county and the denomi nator of which is the population of all unincorporated areas of the state; and
(2) A portion of the total amount of life insurance premiums taxable by the state shall be allocated to all municipal corporations based upon the ratio that the total population of all municipal corporations bears to the total state population. The amount of the tax base so allocated to municipalities shall be distributed to each municipal corporation based upon the fraction, the numerator of which is the popu lation of that municipal corporation and the denominator of which is the population of all municipal corporations in the state. The amount of the tax base so distributed to each municipality shall be taxed at the rate levied by that municipality; and taxes levied by each municipal corporation shall be distributed based upon the tax rate levied by each such municipal corporation.
(e) On or before January 1 of the first year that the tax is levied, each municipal corporation levying the tax shall file with the Commissioner a certified copy of the perti nent parts of all ordinances and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance. On or before February 1 of each year the Commissioner shall furnish a list of all municipal corporations levying the tax for that year to each life insurance company in the state.
(f) Life insurance companies may deduct from premium taxes otherwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the taxes imposed pursuant to subsection (b) of this Code section and paid to

TUESDAY, FEBRUARY 9, 1988

789

the Commissioner on behalf of any county and municipal corporation during the pre ceding calendar year.
(g) On or before December &-, 1084, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commis sioner. On or before December 1&; 1086, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually col lected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed.
(h) Amounts collected by the Commissioner under or due under former Code Section 33-8-8.1 shall be collected and disbursed as provided in former Code Section 33-8-8.1.
(i) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency per taining to any newly incorporated municipality.
33-8-8.2. (a) Counties and municipal corporations are authorized to levy tax at a rate not to exceed 2.5 percent upon the gross direct premiums of all foreign, alien, and domestic insurance companies doing business in this state other than life insurance companies. The tax shall be in addition to the taxes levied by Code Section 33-8-4, and it may be levied upon the gross direct premiums received by such companies during the preceding calendar year. The tax shall be levied upon premiums derived from policies insuring persons, property, or risks in Georgia from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received during the pre ceding calendar year from direct writing without any deductions allowed from premium abatement of any kind or character or for reinsurance or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned or change of rate or canceled policies; provided, further, that deductions shall be permitted for returned premiums or assessments, including all policy dividends, refunds, or other simi lar returns paid or credited to policyholders.
(b) The taxes provided in this Code section are county and municipal taxes and shall be levied for county and municipal purposes and shall be collected and distributed as follows:
(1) On or before January 1 of the first year that the tax is levied, each county and municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance or resolution;
(2) On or before February 1 of each year, the Commissioner shall furnish to each insurance company a list of all counties and municipal corporations where the tax as authorized by this Code section has been imposed for the then current year together with the applicable tax rate levied by each such county and municipal corporation and the population percentages by which the taxes are to be allocated to each such county and municipal corporation as provided in this Code section;
(3) (A) On March 1, 1984, and on the same date in each subsequent year, each insurance company upon which a tax is imposed by subsection (b) of this Code section shall file a certified return on a form prescribed by the Commissioner show ing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement.
\tj) XTft Of Oe*0F uUfie iO t 1 yo4, QfiCt OH tfae SflWIC dflte tft C&CI1 SUDSeCJUent yCflF,
tne Oofflmissloner Siidi! provide to eflcri county ftHd municipal coFpoi*8.t<ion wfiicn ~ts

receive Dflsed OR the reports tiled pursusnt to suupflr&^rflpii \o/(,o^\n) OT this 'Oode section. Reserved.
(C) On or before October i^ 1984; August 1, 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to this

790

JOURNAL OF THE HOUSE,

Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The premiums tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes; (4) The total amount of premiums taxable by the state on insurance companies as defined in this Code section shall be allocated to each county unincorporated area and each municipal corporation based upon a fraction, the numerator of which is the population of the unincorporated area or municipal corporation and the denominator of which is the total population of the state. Tax rates levied by each county shall be applied to the premiums allocated to its unincorporated area, and tax rates levied by each municipal corporation shall be applied to the premiums allocated to it; and (5) On or before December W; 1084, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by coun ties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before December i&; 1086, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed. (c) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency per taining to any newly incorporated municipality. (d) Any county or municipal corporation which, on January 1, 1983, levied a tax on all premiums of insurance companies, other than life insurance companies, at a rate in excess of 2.5 percent may continue to levy the tax at a rate in excess of 2.5 percent, provided that the rate of such tax shall not exceed the rate which was in effect in such county or municipal corporation on January 1, 1983, reduced annually beginning Janu ary 1, 1984, by one-third of the difference between such January 1, 1983, rate and 2.5 percent, so that the rate levied on January 1, 1986, shall not exceed 2.5 percent. 33-8-8.3. The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by county governing authorities solely for the purpose of reducing ad valorem taxes ef the inhabi tants ef the unincorporated areas ef saefe counties providing county services to the inhabitants of the unincorporated areas of such counties. h fixing the ad valorem tax millagc fate fer the year 4984 tatA any year thereafter, the governing authorities ef- eetmties shall be authorized and directed te reduce stieh ad valorem tax millagc rate en tax8.Die property witfim the mimcofpofftt^t flrefls ot sucti counties to onset dii er tnc proceeds derived frost any tax provided for in this chapter. Per those counties operating
computing the t
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:

Representative Groover of the 99th moves to amend the Committee substitute to HB 1160 by striking "33-8-8.3" on pages 9 and 10 and inserting the following:
"33-8-8.3. Each county governing authority receiving funds from the tax authorized by this Chapter of this Title shall not consider such sums when establishing their budget and fixing any millage rate required to fund such budget and such sums shall be appor tioned among the owners of homes eligible for homestead exemption as credit on any

TUESDAY, FEBRUARY 9, 1988

791

ad valorem tax including school tax which may be due on the taxes on the taxpayers' real property eligible for such homestead."

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 Y Athon Y Atkins Y Bailey N Balkcom Y Bannister N Bargeron N Barnett.B
Y Barnett.M NBeck Y Benefield
Benn
N Birdsong N Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks N Childers Y Clark,B Y Clark.H
Clark.L Y Colbert

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

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

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

On the adoption of the amendment, the ayes were 117, nays 47. The amendment was adopted.

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

The Committee substitute, as amended, was adopted.

Representative Thompson of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Poster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Barnett.M YBeck

Benefield YBenn Y Birdsong Y Bishop Y Bostick

Branch Y Brooks Y Brown Y Buck Y Buford

792

JOURNAL OF THE HOUSE,

YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell Couch YCox Y Crawford
Y Crosby Y Cummings,B Y Cummings,M 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 Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Hemley 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
Langford Y Lawler

Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 Tolbert 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
Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Smith of the 156th and Jamieson of the llth stated that they inad vertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Kilgore of the 42nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB
1160, by substitute, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the Gen eral Calendar and recommitted to the Committee on Judiciary:

HB 1204.

By Representatives Robinson of the 96th, Murphy of the 18th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations in general, so as to provide that it shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee asserts or exercises any right afforded to the employee by state or federal law.

The Speaker Pro Tern announced the House in recess until 1:30 o'clock, this after noon.

TUESDAY, FEBRUARY 9, 1988

793

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

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

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

HB 1267. 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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 1497 Do Pass, by Substitute HB 1370 Do Pass HB 1566 Do Pass, by Substitute

HB 1565 Do Pass, as Amended HB 1576 Do Pass HR 659 Do Pass

Respectfully submitted, /s/ Watson of the 114th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recom mendation:
HB 1284 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HR 727. By Representatives Pinkston of the 100th, Hooks of the 116th, Groover of the 99th, Murphy of the 18th, Buford of the 103rd and others:
A resolution congratulating Mercer University and commending President R. Kirby Godsey; inviting him to appear before the House of Representatives.

794

JOURNAL OF THE HOUSE,

HR 728. By Representative Sizemore of the 136th:
A resolution commending the Worth County High School "Rams" football team and inviting Coach Milt Miller to appear before the House of Repre sentatives.

HR 729. By Representative Lane of the 27th:
A resolution inviting Mr. Gary Wright and Mr. Eric Stipe to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 763. By Representative Hasty of the 8th:
A resolution commending the Canton Lodge No. 2129 of the Loyal Order of Moose.

HR 764. By Representatives Johnson of the 123rd, Cox of the 141st, Reaves of the 147th, Couch of the 40th, and Kilgore of the 42nd:
A resolution relative to the "Good Eating in Georgia" menu.

HR 765. By Representatives Lawler of the 20th, Wilson of the 20th, Thompson of the 20th, Hensley of the 20th, and Clark of the 20th:
A resolution recognizing the late Mr. Shuler B. Antley.

HR 766. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Alien of the 127th, Mueller of the 126th and Kingston of the 125th:
A resolution commending Mr. Sonny Dixon.

HR 767. By Representative Richardson of the 52nd: A resolution commending Dr. William Erie Collins.

HR 768. By Representatives Moultrie of the 93rd and Davis of the 45th: A resolution congratulating Mr. and Mrs. J. E. Malone.

HR 769. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A resolution commending Sandy Ann White 1987 Georgia Occupational Award of Leadership (GOAL) recipient.

HR 770. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A resolution commending James Edward Black.

HR 771. By Representatives McKinney of the 35th and Barnett of the 10th: A resolution commending Sheriff Wesley Walraven.

TUESDAY, FEBRUARY 9, 1988

795

HR 772. By Representatives Buck of the 95th, Connell of the 87th, Lee of the 72nd, Wilson of the 20th and Lane of the lllth:
A resolution commending Dr. John E. Skandalakis for his distinguished service as a member of the Board of Regents of the University System of Georgia.

HR 773. By Representatives Alien of the 127th, Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th and Mueller of the 126th:
A resolution urging the governing authorities of the City of Savannah and Chatham County to investigate the feasibility of a local government reorgan ization.

The following Resolution of the Senate was read and adopted:

SR 354. By Senator Burton of the 5th:
A resolution to commend the Georgia Veterans Day Parade Association of Atlanta.

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 1436.

By Representatives Lawler of the 20th, Mostiler of the 75th, Kilgore of the 42nd and McDonald of the 12th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

HB 1267. 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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1987-1988 known at the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), so as to change certain appropriations for the State Fiscal Year 1987-1988; to make language

796

JOURNAL OF THE HOUSE,

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 1987-1988, known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), is amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 $5,782,000,000 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........................................................................................? 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....................................................................?

20,439,128 9,340,054
3,487,847 1,298,890
118,800 6,000 0
468,150 407,000 443,000 68,864 643,000
379,599
2,427,424 146,700 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

?

507,534

?

1,031,466

?

5,395,269

?

3,856,269

?

507,534

?

1,031,466

?

5,395,269

House Functional Budgets

Total Funds

State Funds

House of Representatives and Research Office

?

8,134,028

?

8,134,028

TUESDAY, FEBRUARY 9, 1988

797

Speaker of the House's Office
Clerk of the House's Office Total

$

325,081

$

1,060,042

$

9,519,151

$

325,081

$

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

$

1,973,618

$

1,503,742

$

841,686

$

1,205,662

$

5,524,708

$

1,973,618

$

1,503,742

$

841,686

$

1,205,662

$

5,524,708

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 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..............................................................!

11.917,096
9,810,426 300,000 785,000 108,500 28,700

798

JOURNAL OF THE HOUSE,

Equipment.................,......................................................................$ Per Diem, Fees and Contracts......................................................! Real Estate Rentals ........................................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. 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..............................................................! Payment to Council of Magistrate Court Judges....................,............,..............................................! Payment to Council of Probate Court Judges................................................................................! Payment to Council of State Court Judges................................................................................!
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission..............................................................!
PART III. EXECUTIVE BRANCH
Section 10. Department of Administrative Services.

15,000 9,000 366,857 435,013 58,600 11,917,096 11,917,096
3,654,950
4,075,070
33,664.947 32,057,683
667,787 117,789 71,399 735,289 15,000
289,331
467.268 376,250 91,018
774.675 629,565
70,500 25,110 20,000 20,000 9,500
106,000

TUESDAY, FEBRUARY 9, 1988

799

A. Budget Unit: Department of Administrative Services.
Administration and Services 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.............. 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.................................. Grants to Municipalities ........................ Total Funds Budgeted............................ State Funds Budgeted............................

38,427,229
38,695,477 7,589,964
249,800 299,500 153,000 1,878,085 8,503,650 3,285,442 622,260 414,400 16,356,200
31,100 273,800
1,959,300
31,400,121 10,032,800
608,800
50,000
30,000
0 2,600,000 4,200,000 129,233,699 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

352,751 2,340,811
16,288,904
10,516,040 2,535,892
611,621
506,856 46,502,487
2,656,834 38,403,480 5,048,938

352,751 2,227,126
14,329,604
0 2,535,892
0
506,856 12,775,000
0 5,700,000
0

800

JOURNAL OF THE HOUSE,

Surplus Property Services Mail and Courier Services Risk Management Services Total

1,328,550 566,561
1,573,974 129,233,699

0 0 0 38,427,229

B. Budget Unit: Georgia Building Authority ....................
Georgia Building Authority Budget: Personal Services................................ Regular Operating Expenses............
Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment........................................................................................! 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
18,111,642 4,310,200
12,600 30,000 55,000 171,100 70,000 8,500 104,800 142,800 740,000 7,680,100 249,000 40,000
0 31,725,742
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

!

1,983,265

0

Custodial

$

4,613,084

0

Maintenance

$

4,808,318

0

Security

$

4,637,825

0

Van Pool

$

191,236

0

Sales

!

3,980,929

0

Administration

$

10,843,088

0

Railroad Excursions

!

667,997

0

Facility Renovations

$

0

0

Total

!

31,725,742

0

C. Budget Unit: Agency for the Removal of Hazardous Materials ..........
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 .............................................. Utilities .......................................................... Total Funds Budgeted................................. State Funds Budgeted.................................

0
1,588,650 889,500 100,000 0 2,000 150,000 0 0 10,000 100,000 0 0
2,840,150 0

TUESDAY, FEBRUARY 9, 1988

801

Section 11. 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........................................................ 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....................................... Payments to Georgia Agrirama Development Authority for Operations.................................................... 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....................................

33,730,116
26,805,051 2,516,656
877,000 649,875 684,000 1,449,593 450,657 730,920 380,099 342,136 600,000
2,141,160
2,433,603
547,000 91,000 75,000 155,000
459,151
665,000 30,000
60,000 50,000
0 42,192,901 33,730,116

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

4,382,707
7,150,685 1,619,448 3,592,372 4,228,699 1,380,188 3,162,083
5,720,655 4,142,024 4,574,586
323,685 1,915,769 42,192,901

3,940,614 6,779,125 1,613,401 3,592,372 4,135,555 1,380,188 3,155,083
4,507,198 1,715,476 1,100,638
0 1,810,466 33,730,116

802

JOURNAL OF THE HOUSE,

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........................................................ Computer Charges........................................... Real Estate Rentals........................................ Telecommunications....................................... Per Diem, Fees and Contracts...................... Capital Outlay................................................. Goods for Resale............................................. Total Funds Budgeted.................................... State Funds Budgeted....................................
Section 12. 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........................................................ Computer Charges........................................... Real Estate Rentals........................................ Telecommunications ....................................... Per Diem, Fees and Contracts...................... Total Funds Budgeted.................................... State Funds Budgeted....................................
Section 13. 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........................................................ 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...................................................

431,567 115,804
4,850 28,500 10,425 15,921
0 0 9,950 30,025 220,800 74,150 941,992 0
5,328,257
4,390,709 206,000 321,198 40,000 13,000 15,900 128,950 175,500 35,000 2,000
5,328,257 5,328,257
19,166,543
4,443,756 136,668 171,915 7,500 92,945 18,121 25,988 364,068 55,671 99,573 85,000
I,400,000 II,745,000
139,000

TUESDAY, FEBRUARY 9, 1988

803

Community Development Block Grants (Federal)...............................
Juvenile Justice Grants (Federal)...............................
Grant - Richmond County.................. Economic Development Grants.......... Payment to Georgia Residential
Finance Authority............................ Payment to Georgia Environmental
Facilities Authority for Operations................................... Total Funds Budgeted......................... State Funds Budgeted.........................

30,000,000
0 0 770,000
590,500
384,844 50,530,549 19,166,543

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

$

15,187,126

1,365,366

32,836,733

1,141,324

$

50,530,549

15,130,126 1,182,608
1,882,520 971,289
19,166,543

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! 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 .................................................................................$ 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.........................................................................!

277,416,489 189,347,982 22,116,258
1,240,761 1,462,600
284,000 6,200,089 1,042,088 2,800,914 2,285,750 1,503,437 4,982,000 8,356,400
350,000 10,355,000 6,468,438
5,569,000 600,000 600,000
2,942,150
1,495,480
300,000 1,035,000 12,849,543
47,749
262,900

804

JOURNAL OF THE HOUSE,

Minor Construction Fund........... Authority Lease Rentals............. Grant to Richmond County........ Total Funds Budgeted................. Indirect DOAS Funding.............. Georgia Correctional Industries. State Funds Budgeted.................

Departmental Functional Budgets

Total 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 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

12,333,348
28,777,411 1,696,587
1,720,286 9,047,550
9,773,460 18,305,899 17,714,439
21,886,299
3,607,562
3,274,989
4,238,392
4,542,928 16,722,059
769,384 14,325,992 6,174,373
3,460,379 4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380
0 855,489 36,522,141
8,190,083 284,592,917

B. Budget Unit: Board of Pardons and Paroles ..........................
Board of Pardons and Paroles Budget: Personal Services .......................................

75,378
0
20,000
284,592,917 450,000 0
277,416,489

State Funds

$

11,883,348

28,563,911 1,652,043

1,720,286 9,047,550

9,773,460 18,305,899 17,634,439

21,886,299

3,607,562

3,274,989

4,238,392

4,542,928 16,722,059
0 14,122,404 6,174,373

3,460,379 4,022,499

6,421,901 24,408,913

4,175,706

3,375,468 18,249,380
0 855,489 32,422,141

6,874,671 277,416,489

18,280,715 14,896,453

TUESDAY, FEBRUARY 9, 1988

805

Regular Operating Expenses................................................................$ Travel ......................................................................................................$ Motor Vehicle Purchases......................................................................$ Publications and Printing ....................................................................$ Equipment ..............................................................................................$ Computer Charges.................................................................................$ Real Estate Rentals...............................................................................$ Telecommunications..............................................................................$ Per Diem, Fees and Contracts.............................................................! County Jail Subsidy ..............................................................................$ Total Funds Budgeted..........................................................................! State Funds Budgeted..........................................................................!

447,841 438,100 117,000 58,000 221,219 138,000 1,029,590 381,500 96,000 457,012 18,280,715 18,280,715

Section 15. Department of Defense. Budget Unit: Department of Defense ................................................$ 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......................................................! 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....................................................................!

4,472,476
7,143,125 1,833,844
72,150 50,000 43,550 81,725 10,850 8,200 81,730 159,844 1,721,870
1,049,400 42,000 18,000 42,000 0 535,000 75,000
12,968,288 4,472,476

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

!

2,303,646

!

1,899,050

!

3,217,161

!

5,548,431

!

12,968,288

1,167,014
907,239 427,045 1,971,178 4,472,476

Section 16. State Board of Education Department of Education.
Budget Unit: Department of Education...........................
Operations Budget: Personal Services............................................. Regular Operating Expenses ......................... Travel................................................................ Motor Vehicle Purchases ...............................

2.246,996,710
36,843,856 3,574,594 1,468,101
80,000

806

JOURNAL OF THE HOUSE,

Publications and Printing..............................................................! Equipment........................................................................................! 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...............................................................................! Mid-Term Adjustment...................................................................! Local Fair Share..............................................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! Prepaid Teacher Retirement.........................................................! Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................! Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................!
Retirement (HB 272 and HB 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 Performance-
Based Certification......................................................................! Regional Educational
Service Agencies..........................................................................! Georgia Learning Resources
System...........................................................................................! High School Program .....................................................................$
Special Education in
State Institutions.........................................................................!

656,689 573,267 6,169,632 2,212,962 719,204 14,302,044 991,165 250,000
559,731,932 473,386,212 244,207,941 69,273,939
81,119,399 152,243,958 16,467,148 21,975,900
7,370,037 23,027,563 77,663,411 417,072,368 100,665,399
936,193 43,500,000 (381,072,432)
101,896,110 1,982,515 0 1,000,000 3,000,000
188,694
77,736,092
1,700,000
24,850,905
1,895,143 28,488,153 121,090,490 21,435,372
5,460,238
5,813,142
2,419,218 18,793,748
2,581,128

TUESDAY, FEBRUARY 9, 1988

807

Governor's Honors Program ..........................................................$ 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....................................................................$ 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......................................................................................$ Innovative Programs.......................................................................$ Technology Grants..........................................................................$ Limited English - Speaking Students Program .......................................................................$ Remove Architectual Barriers.......................................................$ Drug Free Schools...........................................................................? Refugee Transportation Program.................................................! Emergency Immigrant Education.................................................$ Profound - Special Education Grant..........................................................................! Robert C. Byrd Scholarships Program........................................................................................! Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding.........................................................................................!
State Funds Budgeted....................................................................!

913,920 1,387,000 2,860,000
366,540 4,772,348
8,539,061 4,424,861
746,975 3,497,926
78,000,000
14,261,645
10,457,937
13,657,800 548,000 500,000
250,000 888,439 2,541,012 180,784 114,169
7,348,486
184,500 2,552,182,833
340,000 2,246,996,710

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Standards and Assessments Special Services Professional Practices Professional Standards Ga. Academy for
the Blind Ga. School for the Deaf Atlanta Area School
for the Deaf Local Programs Total

3,008,875 16,929,370
907,728 15,867,007 11,433,121 4,023,599
494,176 224,831
4,016,541 6,578,202
4,358,064 2,484,341,319 2,552,182,833

$

2,607,374

8,031,714

844,671

11,519,817

10,762,174

2,687,710

494,176

224,831

3,873,335 6,372,735

4,061,429 2,195,516,744 2,246,996,710

Section 17. Employees' Retirement System.

808

JOURNAL OF THE HOUSE,

Budget Unit: Employees' Retirement System ..................................................................$
Employees' Retirement System 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 ......................................................$ 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 18. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State 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 ......................................................$ 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....................................................................!

32,732,030
24,986,730 6,172,548
145,415 1,571,112
88,000 3,678,745
149,091 29,928 686,135 420,871 250,000
300,000
30,000
60,000 51,500 1,404,100 40,024,175 32,732,030

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

5,257,468

$

31,959,132

51,500

2,756,075 40,024,175

1,024,016 28,907,439
51,500
2,749,075 32,732,030

Section 19. Georgia Bureau of Investigation.

TUESDAY, FEBRUARY 9, 1988

809

Budget Unit: Georgia Bureau of Investigation ............................................................$
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......................................................! Evidence Purchased........................................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

30,027,870
21,068,876 1,999,529
600,075 827,000 119,845 574,000 857,000 1,775,757 1,373,841 40,000 479,000
93,000 73,000 146,947 30,027,870 30,027,870

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Total

2,988,153 5,859,937 10,029,995
5.469,699 24,347,784

2,988,153 5,859,937 10,029,995
5,469,699 24,347,784

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..............................................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

4,456,586 477,900 39,000 93,000 8,000 241,000 140,000 117,000 19,000 35,000 5,000 48,600
5,680,086 5,680,086

Section 20. 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.....................................................................!

9,000,000
1,037,718 31,100 9,000 0 1,200 3,000

810

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................? Authority Bond Defeasement........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................?

12,000 99,344 11,000 115,000 9,000,000 10,319,362 9,000,000

Section 21. Office of the Governor. Budget Unit: Office of the Governor..................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment........................................................................................! 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....................................................................?

17,076,589 8,050,353
290,640 176,679
0 152,729 83,009 168,300 640,014 194,132 60,758,920 2,613,891 40,000 2,599,000 153,000 2,540,000 402,424 50,000 78,913,091 17,076,589

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 Consumers' Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Vocational Education Advisory
Council Commission on Children
and Youth
Growth Strategies Commission
Human Relations Commission
Total

?

5,405,891

?

752,652

?

4,093,733

?

3,538,826

$

1,909,650

?

59,508,656

?

511,834

$

580,293

!

1,791,949

!

342,497

$

265,129

?

180,000

$

31,981

$

78,913,091

5,405,891
691,439
3,991,152 3,000,581 1,909,650
313,239 511,834
391,293
216,770
167,630
265,129 180,000 31,981 17,076,589

Section 22. Department of Human Resources.

TUESDAY, FEBRUARY 9, 1988

811

A. Budget Unit: Departmental Operations................................................................$
1. General Administration and Support 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.....................................................-! 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....................................................................!

397,831.111
45,657,983 2,204,440 1,286,100 0 272,941 565,287 2,689,935 4,579,748 932,329 36,529,251 290,700 899,288 0
0
7,235,000 7,170,574
215,000 110,528,576
638,300 48,602,826

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

762,303 1,178,302
302,836 8,485,265
0 4,736,274
473,034
497,862 1,561,735
4,873,344
1,857,762 495,000
7,192,614 449,249
9,338,344
689,251 2,218,790
791,704
2,842,518 386,617

762,303 1,178,302
302,836
8,442,739 (5,835,954)
3,407,539 473,034
497,862 1,561,735 4,673,344 1,857,762
495,000 6,840,706
133,579
0
689,251 2,198,790
463,935
781,705 386,617

812

JOURNAL OF THE HOUSE,

Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
and Development Agency Total

728,811 4,329,522 17,110,929 2,870,264 35,184,534
1,171,712 110,528,576

2. Public Health 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......................................................! 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....................................................................!

Public Health Functional Budgets

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

Total Funds

$

698,995

!

327,570

$

1,170,290

$

1,981,216

$

648,182

$

764,546

$

1,907,366

$

1,904,541

$

469,330

$

1,515,840

$

1,284,709

538,828 272,973 2,290,490 2,657,664 12,413,074
1,118,712 48,602,826
38,888,757 50,854,272
1,056,873 20,000 348,995 467,154 993,281 668,180 587,850
17,234,125 0
86,410 559,000
4,936,795
2,055,000 1,830,000 7,142,000
400,000 2,532,000

5,299,000 302,000
53,220,094 562,000
6,345,000 196,388,786
549,718 115,702,453

State Funds

$

501,770

$

292,570

!

1,085,290

$

1,882,088

$

425,364

$

736,631

$

1,377,366

$

851,462

$

0

$

260,012

$

1,284,709

TUESDAY, FEBRUARY 9, 1988

813

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 Community Health Management Community Care Total

10,283,550 8,412,706
201,445 9,763,335 53,135,760 1,659,801 11,411,296 1,334,123
628,316 3,454,168
967,710 4,719,543 2,563,665
9,520,453 1,239,337
1,197,366
7,747,022 50,525,054 2,235,096 2,716,455 196,388,786

4,523,730 8,266,652
0 4,943,351
0 1,449,626 9,199,353 1,334,123
628,316 3,454,168
428,938 4,594,543 1,403,362
9,390,778 827,387
1,197,366
7,747,022 45,193,902
1,337,580 1,084,994 115,702,453

3. Rehabilitation Services 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...... 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....................

58,871,401 12,116,804
773,769 137,000 129,100 948,308 1,745,956 2,485,650 1,469,410 5,409,617 1,088,200 25,000 485,680
30,700 20,652,000
50,000 312,000 5,833,156 112,563,751 100,000 21,528,515

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities

3,498,823 642,427
7,649,344

1,504,494 530,225
1,518,369

814

JOURNAL OF THE HOUSE,

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

16,487,140
14,834,937 28,995,901 1,012,901 32,249,452
461,243 1,160,427 5,161,256
409,900 112,563,751

4. Family and Children Services Budget:
Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Publications and Printing.............. Equipment........................................ 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

1,408,000 256,818,238
4,000 12,978,058
44,563,531
69,216,101
41,011,682
6,099,507 3,100,000
818,867 3,780,764 3,580,239 5,340,927

4,143,593
577,338 0 0
6,880,280 261,243 541,817
5,161,256 409,900
21,528,515
13,063,819 368,970 397,600 0 909,158 104,181
14,190,236 226,015
8,343,824 933,300 9,100
1,161,830 270,354,296
162,479,464 43,174,233 3,303,331 519,019,357
2,339,882 211,997,317

State Funds

$

0

$

91,466,684

$

4,000

$

0

$

23,442,281

$

34,576,066

$

20,841,285

$

5,518,107

$

0

$

818,867

$

3,187,639

$

3,580,239

$

2,031,143

TUESDAY, FEBRUARY 9, 1988

Management Information

Systems

i

Social Services

i

Indirect Cost

i

Employability Benefits

i

Legal Services

i

Family Foster Care

i

Institutional Foster Care

i

Specialized Foster Care

i

Adoption Supplement

'

Day Care

i

Home Management - Contracts

i

Outreach - Contracts

i

Special Projects

,'

Program Support

i

County DFACS Operations -

Employability Program

!

Total

i

Budget Unit Object Classes: Personal Services.................................... Regular Operating Expenses................ Travel....................................................... Motor Vehicle Purchases...................... Publications and Printing..................... Equipment............................................... 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 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 ............

16,711,307 2,149,146
0 1,629,230 1,325,000 18,888,840 1,919,914
485,700 2,759,300 18,102,680
150,000 737,000 1,075,227 2,777,456
1,588,643 519,019,357

815
6,577,265 2,114,102 (8,799,001)
946,443 1,100,000 12,397,563 1,443,769
280,757 2,226,704 3,285,528
48,816 233,836 1,070,627 2,612,456
992,141 211,997,317
156,481,960 65,544,486 3,514,342
157,000 1,660,194 2,084,930 19,619,408 7,959,593 3,922,889 67,516,817 1,388,000 2,633,208
25,000
4,936,795
2,055,000 7,142,000
559,000 400,000 2,532,000
5,299,000 302,000
1,830,000 53,220,094 7,235,000 50,344,807 20,652,000
50,000 270,354,296
162,479,464
30,700 10,175,331 6,395,156

816

JOURNAL OF THE HOUSE,

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....................................................... 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................................. Community Mental Health
Center Services.......................................... Reserve for DeKalb RYDC.......................... Total Funds Budgeted.................................. Indirect DOAS Services Funding............... State Funds Budgeted..................................

418,711,307
334,440,343 32,608,044
911,958 377,895 165,908 3,831,752 4,261,035 656,487 2,793,125 34,203,607 14,396,011 266,400 972,063 2,119,055
1,805,056
1,941,430
1,182,000
91,706,730
11,904,902
74,743,682 0
615,287,483 2,404,100
418,711,307

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

33,641,497 28,860,400 23,980,096 18,813,434 24,646,999 27,328,750 115,047,729 21,622,351 43,140,167
18,889,023

22,348,749 14,583,707 20,961,071 16,025,816 18,753,112 21,117,501 80,028,547
18,235,934 22,820,892 15,122,278

TUESDAY, FEBRUARY 9, 1988

Outdoor Therapeutic Program

$

Mental Health

Community Assistance

$

Mental Retardation

Community Assistance

$

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

$

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 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 Care Centers

$

Group Homes

$

Purchased Services

$

Runaway Investigation/

Interstate Compact

$

Assessment and

Classification

$

Youth Services

Administration

$

Total

$

Section 23. 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........................

1,967,766
8,019,997
3,126,079
68,769,489 11,601,871
587,394 386,609 1,182,000
74,743,682 361,376
1,652,922
262,890 303,031
3,521,190
17,744,582
73,200 7,506,636
0
16,313,462 8,799,421 6,276,843 3,384,853 3,559,381 9,577,827 2,394,686
810,795 695,408 2,843,245
608,334
369,439
1,872,471 615,287,483

817
1,815,486
8,019,997
2,322,418
34,062,869 7,298,827
573,148 223,609 1,182,000
32,521,225 361,376
1,358,922
262,890 303,031
3,204,945
12,685,504
73,200 6,452,765 (383,006)
15,908,462 8,455,210 6,206,108 3,279,339 3,462,981 9,577,827 2,394,686
810,795 695,408 2,800,824
608,334
369,439
1,805,081 418,711,307
19,396,467
6,300,845 969,000 316,000 18,000 340,000

818

JOURNAL OF THE HOUSE,

Equipment........................................................................................! 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............................................................................! Southern Center for
International Studies..................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

82,000 184,500 538,700 210,000 464,000 186,000 220,000
4,700,000
2,745,000
80,000
25,000
50,000 35,000
2,800,000
53,000
25,000 0
20,342,045 19,396,467

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

8,623,258

!

4,603,462

$

7,115,325

!

20,342,045

$

7,807,680

$

4,573,462

$

7,015,325

$

19,396,467

Section 24. 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....................................................................!

9,479,169
8,625,783 366,500 237,500 13,000 140,500 66,067 377,101 525,718 175,400 117,500
10,645,069 9,479,169

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration

$

1,477,886

!

1,477,886

TUESDAY, FEBRUARY 9, 1988

819

Insurance Regulation Industrial Loans Regulation$ Information and Enforcement Fire Safety and Mobile
Home Regulations Total

2,545,351 545,494
1,745,800
4,330.538 10,645,069

2,439,366 545,494
1,745,800
3,270,623 9,479,169

Section 25. 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........................................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgted....................................................................$

5,765,174
59,920,440 9,375,901 1,167,655
0 65,582 449,000 3,216,570 2,453,694 1,601,283
61,002,822 471,500 0
400,000 2,500,000 142,624,447 5,765,174

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Programs Total

2,981,784 17,951,559
121,691,104 142,624,447

$

1,047,211

$

2,118,883

2,599,080 5,765,174

Section 26. 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......................................... Computer Charges............................ Real Estate Rentals.......................... Telecommunications ......................... Per Diem, Fees and Contracts ....... Books for State Library ................... Total Funds Budgeted..................... State Funds Budgeted.....................

7,529,594
6,589,251 340,000 128,000 0 38,000 32,000 183,651 402,692 80,000 45,000 110,000
7,948,594 7,529,594

Section 27. Department of Medical Assistance.
Budget Unit: Medicaid Services.......... Departmental Operations Budget:

358,722,506

820

JOURNAL OF THE HOUSE,

Personal Services........................ Regular Operating Expenses.... Travel........................................... Motor Vehicle Purchases.......... Publications and Printing......... Equipment................................... 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...............

10,057,082 281,011 161,959 11,000 69,300 56,229
10,692,103 925,973 364,375
14,332,151 109,500
1,060,817,875
16,513,900 772,500
1,115,164,958 358,722,506

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

$

1,159,692

$

17,814,537

$

13,011,488

$

2,214,504

$

3,632,962

$ 1,077,331,775 $ 1,115,164,958

!

499,470

!

2,583,592

!

3,467,913

!

304,094

!

1,518,049

! 350,349,388 ! 358,722,506

Section 28. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Departmental Operations Budget: Personal Services......................................................................... ....$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Publications and Printing.......... ....................................................$ Equipment................................ ........................................................$ Computer Charges....................... ....................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................! Agency Assessments........................................................................! Employee and Employer
Contributions...............................................................................! Deferred Compensation.....................................................,............! State Funds Budgeted....................................................................!

15,433,415
6,146,353 204,550 69,000 263,000 76,300
1,921,428 754,382 80,300
35,694,820 214,000
327,684,601 373,108,734
7,834,688
349,788,474 52,157
15,433,415

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services

!

2,110,514

TUESDAY, FEBRUARY 9, 1988

Classification and Compensation
Program Evaluation and Audit Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total

912,837 730,775
1,138,511
9,325,154 355,574,601
2,006,624 1,309,718 373,108,734

Section 29. 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 ...........................................................................$ Grant-Chehaw Park Authority......................................................! Grant - Zoo Atlanta........................................................................!
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.................................................................................!

821
0 15,433,415
0 0 15,443,415
71,663,230
48,391,599 8,874,524
498,025 1,749,083
559,000 1,949,977
508,620 1,685,280
989,992 1,284,789
334,386
2,000,000 655,000 500,000 500,000
300,000
125,000
1,966,438
300,000
211,500 1,106,000 1,418,000
800,575
206,000 50,000
450,000
1,535,000
20,000

822

JOURNAL OF THE HOUSE,

Capital Outlay - Consolidated Maintenance - Game and Fish............,.....................................!
Capital Outlay - Hazardous Waste Site Land Acquisition........................................................,........!
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....................................................................! Receipts from Jekyll Island
State Park Authority..................................................................! Receipts from Stone Mountain
Memorial Association.................................................................! Indirect DOAS Funding .................................................................$ State Funds Budgeted....................................................................!

287,000
2,000,000 125,000 638,250
10,000 0
149,405 100,000
526,700 150,000 8,000,000 150,000
7,000 38,000
500,000 91,650,143
53,750
315,000 200,000 71,633,230

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

7,103,905 24,512,507
30,791,326 27,642,471
1,599,934 91,650,143

6,735,155 21,222,892
18,089,862 24,064,387
1,520,934 71,633,230

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
2,822,875 2,072,400
26,500 69,500 64,150 84,400 22,000 17,000 66,200 84,600
0 178,350 5,507,975
0

TUESDAY, FEBRUARY 9, 1988

823

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

$

4,981,275

$

526,700

$

5,507,975

Section 30. 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 .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................! Regents Program.............................................................................! Teachers' Retirement.....................................................................! Teachers' Health Insurance...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

98,715,296
2,296,044 158,000 57,000 9,000 40,000 20,000 104,000 265,000 46,000 897,500 15,000
32,983,533 8,428,396 3,000,000 4,300,000 45,706,195 2,415,816 7,314,712 3,062,100 111,118,296 98,715,296

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

3,907,544 107,210,752 111,118,296

2,778,544 95,936,752 98,715,296

Section 31. 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......................................................!

67,901,758
50,414,735 6,449,160
137,500 3,069,000
630,000 1,185,806 3,474,000
13,000 1,141,010
208,470

824

JOURNAL OF THE HOUSE,

Postage............................................. Conviction Reports........................ State Patrol Posts Repairs
and Maintenance....................... Capital Outlay ............................... Driver License Processing............ Total Funds Budgeted.................. Indirect DO AS Service Funding. State Funds Budgeted..................

Public Safety Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

15,976,158

12,811,352

40,764,248

69,551,758

B. Budget Unit: Units Attached for Administrative Purposes Only.......
Attached Units 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............................................ Peace Officers Training Grants .. Highway Safety Grants................ Capital Outlay............................... Total Funds Budgeted.................. State Funds Budgeted..................

Attached Units Functional Budgets

Total 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

$

4,033,264

$

4,248,030

$

907,768

$

1,098,028

$

415,803

$

335,385

$

5,678,114

$

16,716,392

Section 32. Public School Employees' Retirement System.

1,095,375 225,000
200,000 359,502 949,200 69,551,758 1,650,000 67,901,758
State Funds
14,476,158 12,811,352 40,614,248 67,901,758

12,077,530
5,195,176 2,005,784
156,850 131,600 71,456 171,563 362,281 163,722 158,850 1,306,078 39,655 2,643,377 3,500,000 810,000 16,716,392 12,077,530

State Funds

$

266,632

$

4,045,630

$

845,284

$

847,532

$

415,803

$

309,885

$

5,346,764

$

12,077,530

TUESDAY, FEBRUARY 9, 1988

825

Budget Unit: Public School Employees' Retirement System .................................................$
Departmental Operations Budget: Payments to Employees' Retirement System......................................................................$ Employer Contributions.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

13,572,600
242,600 13,330,000 13,572,600 13,572,600

Section 33. 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....................................................................!

7,232,781
5,518,888 405,967 202,459 235,200 33,500 105,919 258,125 296,220 123,000
1,250,000 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 34. 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......................

632,960,209
659,941,020 90,000,000
181,694,971 105,000,000
321,481 356,959 13,547,920 500,000 250,000 630,000 1,052,242,351 22,000,000 195,000,000 199,254,842 3,027,300 632,960,209

826

JOURNAL OF THE HOUSE,

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..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................!
Rental Payments to Georgia Military College...........................................................................!
CRT INC. Contract at Georgia Tech Research Institute .......................................................................$
Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.......................................,.............................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

135,417,421
170,551,806 54,640,269
74,398,975 21,336,281
265,251 1,635,164
1,188,859
2,635,750 2,381,730
158,000
654,239 11,966,100
697,748 600,000 200,000
644,618
173,000 344,127,790
0 75,976,550 132,178,119
555,700 135,417,421

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

$

1,837,107

!

2,814,535

$

1,386,330

$

87,693,751

$

5,269,765

!

46,690,101

!

44,745,980

$ 120,565,675

$

2,735,358

$

1,125,683

$

1,427,904

!

815,631

$

11,281,989

!

1,770,774

$

31,057,468

!

29,819,180

!

30,415,912

$

2,735,358

TUESDAY, FEBRUARY 9, 1988

827

Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

2,237,849
5,533,945
1,537,429
2,115,755 18,964,210 344,127,790

435,262
5,533,945
0
34,105 18,964,210 135,417,421

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Public Telecommunications Commission Budget: Personal Services.............................................................................$ Operating Expenses........................................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!

7,856,109
4,844,948 6,828,500 11,673,448 3,817,339 7,856,109

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ 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....................................................................!

63,899,456
40,205,561 1,324,528 1,425,925 263,000 2,429,155 382,500 7,339,575 2,562,453 601,759 215,000
1,645,000
1,430,000 5,570,000 2,350,000 67,744,456 3,845,000 63,899,456

Department of Revenue Functional Budgets

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

Total Funds

$

3,710,777

!

8,658,047

$

3,974,230

!

13,618,141

$

7,015,226

!

17,139,009

$

5,655,563

!

3,912,452

!

4,061,011

!

67,744,456

State Funds

!

3,710,777

!

8,458,047

!

3,756,230

!

13,318,141

!

6,058,226

$

15,507,009

$

5,655,563

!

3,831,452

!

3,604,011

!

63,899,456

828

JOURNAL OF THE HOUSE,

Section 36. 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....................................................................!

19,429,131 12,488,214 1,694,401
226,000 109,900 428,200 176,600 394,300 2,136,570 260,300 650,146 500,000 364.500 19,429,131 19,429,131

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Corporations Regulation Elections and Campaign
Disclosure Securities Regulation Drugs and Narcotics State Ethics Commission Occupational Certification Total

$

2,781,886

!

4,447,476

!

1,796,855

!

1,158,075

!

1,485,022

$

837,435

$

194,940

!

6,727,442

$

19,429,131

!

2,781,886

!

4,447,476

!

1,796,855

!

1,158,075

!

1,485,022

$

837,435

$

194,940

$

6,727,442

!

19,429,131

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 Service S.B. of Registration for
Professional Geologists

$

194,741

$

381,961

$

74,377

$

153,281

$

635

$

3,384

$

6,597

$

36,196

!

11,356

$

134,596

!

16,883

$

94,398

$

77,130

$

421,929

!

42,156

$

728,294

!

51,250

$

236,905

$

13,539

$

25,267

!

55,747

$

292,847

!

3,595

$

32,108

!

21,462

$

166,787

$

3,688

$

18,907

TUESDAY, FEBRUARY 9, 1988

G.B. of Hearing Aid

Dealers and Dispensers

$

G.B. of Landscape Architect

$

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. Dispensing Opticians

$

S.B. of Examiners

in Optometry

$

S.B. of Occupational Therapy

$

S.B. of Pharmacy

$

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

$

Total

$

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................................

6,551 21,374 2,872
30,958 147,223 11,942 71,044
8,497 16,571 8,256 79,556 12,265 6,649 6,632 48,634 12,622 14,461
5,488 6,501 14,003
8,564 41,874
7,385 1,163,078

829
19,792 34,635
15,261
98,743
1,141,058
42,282 778,712 31,977
56,620 16,916 450,269 46,350 25,801 41,656
442,775
333,196
70,864 21,953
30,511
174,370
37,833 109,437
133,695 6,881,566
1,426,312
776,412 112,900 12,000 22,500 26,000
9,200 300,200 53,800

830

JOURNAL OF THE HOUSE,

Telecommunications .................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............

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 37. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission...............................................$
Administration Budget: 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....... .............................................................,.......................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

18,650,542
3,456,101 215,090 58,000 0 112,000 21,300 309,540 122,600 18,000 382,500
3,400,000 12,302,000 4,933,500
42,000
116,000 179,900
256,100 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 38. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee...............................

1,376,017

TUESDAY, FEBRUARY 9, 1988
Soil and Water Conservation 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............................... County Conservation Grants.................................. Total Funds Budgeted............................................ State Funds Budgeted............................................
Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System.............................................. Departmental Operations Budget:
Personal Services..................................................... 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...........................................
Section 40. 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 .......................................

831
690,582 99,000 49,000
0 22,000 8,000 3,000 35,039 16,000 126,000 327,396 1,376,017 1,376,017
3,300,000
2,441,102 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
444,009,430
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 9,250,600 518,519,312 9,317,013 9,317,000

832

JOURNAL OF THE HOUSE,

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....................................................................$

1,355,000
1,370,000 9,654,629
799,250 31,000,000 857,862,049 444,009,430

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 Total

567,057,159 216,453,036
4,317,032 9,317,013 18,571,307 815,715,547

200,426,260 198,023,328
3,641,032 9,317,013 18,196,307 431,603,940

General Funds Budget

Grants to Municipalities Paving at State and
Local Schools and State Institutions Paving at State Parks and Historic Sites Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Total

9,317,000
900,000
106,000 2,143,544
16,818,208 12,861,750 42,146,502

317,000
900,000
106,000 1,663,544
5,407,196 4,011,750 12,405,490

Section 41. 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..................................................................... 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
Medical College of Georgia..................................... Regular Operating Expenses
for Projects and Insurance......................................

16,942,176
4,212,979 49,571 82,000 0 21,000 117,000 2,402 212,113 58,000 15,400 0 33,000
9,877,806
5,226,155
235,000

TUESDAY, FEBRUARY 9, 1988

833

Total Funds Budgeted.. State Funds Budgeted..

20,142,426 16,942,176

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and
Nursing Facility at Milledgeville Veterans Nursing Home at Augusta Total

$

4,704,465

$

10,118,806

$

5,319,155

$

20,142,426

4,468,940
8,270,081 4,203,155 16,942,176

Section 42. 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....................................................................$

6,844,856
5,433,404 113,231 61,500 0 63,000 70,230 287,991 523,000 90,500 157,500 84,500
6,884,856 6,844,856

Section 43. 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) ...............................................$

182,693,428 68,848,425

Section 44. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions 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 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.

Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be

834

JOURNAL OF THE HOUSE,

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.
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 50. Provisions Relative to Section 13, Department of Community Affairs. Provided that of the $1,000,000 appropriated for development of a Middle Georgia airport, no funds shall be disbursed or contractually obligated prior to voter ratifi cation in Bibb County of a sales tax to finance such development.
Section 51. Provisions Relative to Section 16, 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 1989.
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.
Provided further that, of the above appropriated amount for the Department of Edu cation, any funds appropriated for regular capital outlay funding and for regular advance

TUESDAY, FEBRUARY 9, 1988

835

capital outlay funding which are not used for either of these purposes may be used to finance incentive advance funding projects which were requested by the Department of Education for fiscal year 1989.
Section 52. Provisions Relative to Section 17, 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, 1988, and January 1, 1989.
Section 53. Provisions Relative to Section 20, Georgia State Finance and Investment Commission. Provided that of the $9,000,000 appropriated for authority bond defeasement, any portion thereof not required for the defeasement of Georgia Edu cation Authority (University) bonds shall be utilized by Georgia State Finance and Invest ment Commission to defease other Authority issues.
In the event any property acquired by the proceeds of the bonds issued on behalf of the World Congress Center is utilized for the construction of a stadium or athletic complex to be used by other than a state agency, then any lease of such property shall be approved by the Fiscal Affairs Subcommittee.
In the event any property acquired by the proceeds of bonds issued for projects and purposes of the World Congress Center is to be utilized for the construction of any athletic facility which will be used in whole or in part by any professional sports franchise, then any lease or other agreement for such use by such professional sports franchise shall not become effective until and unless such lease or other agreement is approved by the con tinuation subcommittee of the Senate Appropriations Committee and by the budget sub committee of the House Appropriations Committee. Such subcommittees shall not approve any such lease or other agreement unless all of the following conditions are met:
(1) At least 70 percent of the total cost of construction of such athletic facility (includ ing without limitation land acquisition costs) must be provided from private nongovern mental sources;
(2) Adequate security for the private funding required by paragraph (1) above will be pledged so as to ensure that private nongovernmental funds will be available for such required share;
(3) No private person or organization (other than the purchasers of the bonds and their successors in interest) shall acquire any lien or security interest in the sports facility or the property upon which it is constructed;
(4) The governing authorities of the City of Atlanta and Fulton County provide bind ing guarantees that they will take all possible action to ensure that after 1990 at least 16.6 percent of their gross annual receipts from the hotel-motel tax will be ultimately dedicated to the support of the sports facility;
(5) Unencumbered fee simple ownership of the sports facility must vest in the state not later than 50 years from the initiation of the lease or other agreement;
(6) Adequate binding guarantees and commitments must be obtained that the profes sional sports franchise will continue to be located in Georgia and will continue to make use of the sports facility for it's home games for a period of at least 30 years;
(7) The professional sports franchise making use of the sports facility must pay rental charge for use of the facility, which rental charge shall on an annual basis be guaranteed to be equal to or exceed the greater of the following amounts: (1) a stated percentage of the gate receipt from home games of the professional sports franchise; and (2) a stated percentage of the total gross revenues of the professional sports franchise. In addition to the foregoing requirements, the subcommittee shall not approve any such lease or agree ment unless the subcommittees determine that sports events to be held at such sports facility are reasonably certain to generate new state and local tax revenues which exceed by at least $10 million a year the portion of the annual operating cost of the facility to be paid from public funds.
Section 54. Provisions Relative to Section 22, 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

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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
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.
It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment 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.
The Department of Human Resources is authorized to utilize up to $225,000 of addi tional VR section 110 funds for the purpose of expanding the Head Injury Program.

Section 55. Provisions Relative to Section 28, 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 1989 shall not exceed eight percent (8.00 r(,).

Section 56. Provisions Relative to Section 29, 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 57. Provisions Relative to Section 34, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class

TUESDAY, FEBRUARY 9, 1988

837

surpluses to Capital Outlay and Equipment Purchases without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Provided that it is the intent of this General Assembly that the Board of Regents shall proceed to develop plans for th improvement and enhancement of the facilities of the Medical College of Georgia, to be funded through the issuance of General Obligation bonds not to exceed $37,000,000 in principal amount, with debt service to be funded by the Medical College of Georgia, with the condition that such bonds shall not be issued prior to specific legislative authorization being provided in the 1989 Regular Session of the Georgia General Assembly.
Section 58. Provisions Relative to Section 30 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.
Provided that of the funding provided for renovation of facilities of the Board of Postsecondary Vocational Education, sufficient funding shall be designated for construc tion of a new child care center at Swainsboro Tech.
Provided that $400,000 of the surplus of bond proceeds for North Metro Tech shall be reapplied to the project budget for Swainsboro Tech for utilities installation and connection.
Section 59. Provisions Relative to Section 40 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.
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.

838

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Section 60. In addition to all other appropriations for the State fiscal year ending June 30, 1989, 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 61. 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 62. 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 63. 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 64. 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 noncompliance with the stated intent of this Section.
Section 65. 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 66. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.

TUESDAY, FEBRUARY 9, 1988

839

Section 67. 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 68. 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 69. (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 1988 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.
(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 70. 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.

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Section 71. 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 available in excess of the amounts of such funds appropri ated 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 72. Provisions Relative to Section 43 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amounts of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. A.) Maturities not to exceed sixty months:

Project/Purpose

Principal Amount

Debt Service

Developmental Highways Talmadge Bridge Water and Sewer Projects Herty Foundation Institute of Paper Chemistry Gracewood Laundry No. One Peachtree and
Capitol Hill Projects Kings Bay Area Schools Vocational School Renovations
and Equipment Burruss C.I. Dormitory Ware and Lowndes C.I. Park Improvements NW Regional Renovations Stone Mountain Project Diversion Centers DOC Wastewater Facilities DHR Re-roofing and Planning

45,000,000 22,000,000 20,000,000
3,200,000 6,000,000
1,600,000
15,500,000 3,300,000
6,500,000 3,300,000 1,500,000 5,260,000 3,700,000 2,900,000 1,690,000
695,000 1,120,000

10,800,000 5,280,000 4,800,000
768,000 1,440,000
384,000
3,720,000 792,000
1,560,000 792,000 360,000
1,262,400 888,000 696,000 405,600 166,800 268,800

B.) Maturities not to exceed twohundred forty months:

Project/Purpose

Principal Amount

Debt Service

World Congress Center Design and Land Acquisition
Agriculture Exposition Authority
Wildlife Management and Fishing Area Land Acquisition
Asbestos Abatement Projects
Library Construction Regents Projects at Gainesville
Col., Kennesaw Col., Georgia State, Southern Tech and Georgia Southern Telfair County C.I.

32,000,000 4,000,000
15,000,000 5,000,000 16,363,000
45,750,000 20,000,000

3,360,000 420,000
1,575,000 525,000
1,719,000
4,803,750 2,100,000

TUESDAY, FEBRUARY 9, 1988

841

Four Detention Centers Local School Construction Hancock County C.I. Manufacturing Research Center

10,400,000 154,615,000 15,100,000 10,000,000

1,092,000 16,234,575 1,585,500

Provided that $4,900,000 of the bond proceeds provided in HB 225 Act No. 46 of the 1987 Regular Session (Ga. Laws 1987, p. 38) is hereby re-designated for the purpose of funding $4,900,000 of the cost of the proposed correctional facility in Hancock County.

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. 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 75. TOTAL STATE FUND
APPROPRIATIONS State Fiscal Year 1988.................................................................................$ 5,936,113,339

Section 76. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 77. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Representative McDonald of the 12th moved that the House disagree to the Senate substitute to HB 1267.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 774. By Representatives Dunn of the 73rd, Balkcom of the 140th, Moultrie of the 93rd, Aaron of the 56th, Godbee of the 110th and Griffin of the 6th:
A resolution commending the Georgia Fraternal Order of Police.

HR 775. By Representative Padgett of the 86th: A resolution expressing sympathy at the passing of Mr. Lonnie Smith.

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:

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HB 1491.

By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the discharge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1493.

By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
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 provide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds retained by the insurance fund that issued the check or draft.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Padgett of the 86th arose to a point of personal privilege and addressed the House.

The Speaker assumed the Chair.

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

HB 1306. By Representatives Jackson of the 9th, Childers of the 15th, Wood of the 9th and Lawson of the 9th:
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 provide that family daycare centers be included in those facilities which are subject to certain space requirements.

The following Committee substitute was read and adopted:

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 change certain space requirements and provide circumstances under which family

TUESDAY, FEBRUARY 9, 1988

843

day-care homes may care for additional children; 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 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 striking paragraph (7) of subsection (b) of said Code section in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows:
"(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 Day-care centers will be allowed to designate in writing to the department a daily two-hour period after school two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed by paragraph (18) of Code Section 49-5-3, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed by paragraph (8) of Code Section 49-5-3, a family day-care home operator may care for two additional children three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply."
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.

HR 708. By Representatives Pettit of the 19th, Ramsey of the 3rd, Langford of the 7th, McKelvey of the 15th, Childers of the 15th and others:
A resolution designating certain public roads and highways as the Chieftains Trail.

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 123, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 71. By Representatives Jackson of the 9th, Crosby of the 150th, Barnett of the 10th, Porter of the 119th, Lane of the 27th and others:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Anno tated, relating to safety belts and safety restraints for children in motor vehi cles, so as to change the class of individuals who are covered by the requirement to use child passenger restraining systems; to provide an expanded definition of compliance with the requirement of use of such sys tems.

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The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 71 as follows: PAGE 2 - LINE 29: Strike the word "less" and insert the word "more". PAGE 3 - LINE 10: Strike "July L. 1988" and insert "January 1, 1989".
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 N 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
Branch Y Brooks Y Brown YBuck Y Buford YByrd
Y Can-ell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L Y Colbert

Y Coleman Colwell
Connell Couch
YCox Y Crawford Y Crosby
Cummings,B Cummings,M 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 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
Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton N Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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
Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson 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 Y Snow Y Stancil
Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B
Williams,J Y Wilson Y Wood N Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 149, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Education and referred to the Committee on Governmental Affairs:

SB 508. By Senator Kidd of the 25th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that each principal or assistant principal of every public or private high school and the director of each area vocational school may regis ter to vote persons employed by the school system.

TUESDAY, FEBRUARY 9, 1988

845

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

HB 1386.

By Representatives Ray of the 98th, Edwards of the 112th, Pinkston of the 100th, Adams of the 79th and Smith of the 156th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Anno tated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or similar facility.

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
YBenn Y Birdsong
Bishop
Y Bostick Branch
Y Brooks Y Brown
YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings,M 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 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 Langford
Y Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Crock
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 Y Redding Y Richardson Y Ricketson Y Robinson 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 Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert 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 Y Wilson Y Wood Y Workman
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1411.

By Representatives Dobbs of the 74th, Lane of the lllth, Hanner of the 131st and Porter of the 119th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Anno tated, relating to radiation control, so as to change certain definitions; to pro vide for licensing of users of radioactive materials other than by-product, source, and special nuclear materials as sources of ionizing radiation.

846

JOURNAL OF THE HOUSE,

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

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

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings,M
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 Banner Y Harris Y Hasty Y Heard
Y Hensley Y Herbert
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
Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Milam Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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 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 Tolbert Y Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Wilson of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1429.

By Representative Thomas of the 69th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal the provisions relating to records of sex criminal convictions and furnishing records to the Georgia Bureau of Investigation.

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
Benefield YBenn Y Birdsong

Bishop Y Bostick
Branch Y Brooks Y Brown YBuck

Y Buford YByrd
Carrell Y Carter Y Chamblei Y Chance

TUESDAY, FEBRUARY 9, 1988

847

Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Cummings.M 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

Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty 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 Y Lane.R
Langford
Y Lawler Y Lawrence Y Lawson YLee

Y Linder
YLong YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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
Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson 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

YSnow Y Stancil Y Stanley
Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert 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 Y Wilson Y Wood Y Workman Y Yeargin
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 720. By Representative Colbert of the 23rd:
A resolution designating that portion of State Highway 9 within the bound aries of the City of Roswell as the W. L. "Pug" Mabry Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as 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
Benefield YBenn Y Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford YByrd

Carrell
Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark,H
Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings,B
Cummings.M 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 Y Heard Y Hensiey 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
Langford Lawler Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows
YMilam Y Milford

Y Mobley Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y 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 Y Rainey Y Ramsey.T Y Ramsey.V

848

JOURNAL OF THE HOUSE,

Randall Ransom Y Ray Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson
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

Snow Y Stancil Y Stanley Y Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson
Y Thurmond Y Tolbert

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 WilliamsJB
Williams.J Y Wilson
Wood Y Workman
Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite 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 announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 10, 1988

849

Representative Hall, Atlanta, Georgia Wednesday, February 10, 1988

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 Hubert F. Shepherd, Pastor, Greater Travelers Rest Baptist Church, Decatur, 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 1676. By Representative Oliver of the 121st: A bill to amend an Act providing for the election of the Board of Education of Long County, so as to provide for the election of members from singlemember education districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1677. By Representative Balkcom of the 140th: A bill to amend an Act creating the State Court of Miller County, so as to authorize the governing authority of Miller County to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Miller County under certain conditions.
Referred to the Committee on State Planning & Community Affairs - Local.

850

JOURNAL OF THE HOUSE,

HB 1678. By Representative McKinney of the 35th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize the Department of Transportation, any county, and any municipality to lease property to any state or federal agency, county, or municipality without meeting certain requirements.
Referred to the Committee on Transportation.

HB 1679. By Representatives McKinney of the 35th, Selman of the 32nd, Lane of the 27th, Felton of the 22nd and Colbert of the 23rd:
A bill to amend Code Section 36-1-19 of the Official Code of Georgia Anno tated, relating to appropriation of money for charitable grants or contribu tions in certain counties, so as to limit the amount which may be appropriated annually for such purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1680. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the members of the board of commissioners other than the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1681. By Representative Johnson of the 72nd:
A bill to amend Code Section 43-40-8 of the Official Code of Georgia Anno tated, relating to the qualifications of real estate salespersons' and brokers' licenses, so as to change provisions relative to continuing education require ments for licensees.
Referred to the Committee on Industry.

HB 1682. By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for each resident of the Upson County School District who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1683. By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, for each resident of Upson County who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 10, 1988

851

HB 1684. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1685. By Representative Adams of the 79th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1686. By Representative Pettit of the 19th:
A bill to provide a new charter for the City of Emerson; to provide for incorporation, boundaries, and powers of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1687. By Representatives Clark of the 20th, Thompson of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County, so as to remove from the jurisdiction of such system the Director of Juvenile Court Services of the Juvenile Court of Cobb County and provide for the appointment, compensation, and other terms of employ ment for that office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1688. By Representatives Steinberg of the 46th, Alford of the 57th, Williams of the 48th, Lawrence of the 49th, Aaron of the 56th and others:
A bill to provide for the creation of the Lenox Park Community Improve ment District in unincorporated DeKalb County; to provide for a short title.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1689. By Representatives Sinkfield of the 37th, Orrock of the 30th, Greene of the 130th, Holcomb of the 72nd, Brooks of the 34th and others:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to pro vide a definition; to prohibit the Department of Corrections from entering into certain contracts or making certain expenditures for the construction or use of certain additional confinement facilities unless notice thereof is pro vided to certain members of the General Assembly.
Referred to the Committee on State Institutions & Property.

854

JOURNAL OF THE HOUSE,

HR 777. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution compensating Mr. Curtis Rogers.
Referred to the Committee on Appropriations.

HR 778. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution relative to the proposed reassessment of changes in the Tennes see Valley Authority reservoir system operating policies.
Referred to the Committee on State Institutions & Property.

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

HR 781. By Representatives Smith of the 152nd, Oliver of the 121st, Byrd of the 153rd, Reaves of the 147th, Moore of the 139th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on certain loans made to farmers and to authorize the appropriation of funds for the purposes of such emerging crops fund.
Referred to the Committee on Agriculture & Consumer Affairs.

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

HB 1652 HB 1653 HB 1654 HB 1655 HB 1656 HB 1657 HB 1658 HB 1659 HB 1660 HB 1661 HB 1662 HB 1663 HB 1664 HB 1665 HB 1666 HB 1667 HB 1669 HB 1670 HB 1671 HB 1672 HB 1673

HB 1674 HB 1675 HB 1690 HB 1691 HR 756 HR 757 SB 249 SB 370 SB 458 SB 473 SB 490 SB 491 SB 518 SB 540 SB 547 SB 550 SB 556 SB 557 SB 603 SR 296 SR 301

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

Mr. Speaker:

WEDNESDAY, FEBRUARY 10, 1988

855

Your Committee on Appropriations has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1535 Do Pass, by Substitute HR 547 Do Pass, as Amended HR 573 Do Pass
Respectfully submitted, /s/ McDonald of the 12th
Chairman

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1369 Do Pass HB 1422 Do Pass HB 1539 Do Pass
Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 637 Do Not Pass SB 449 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman

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

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 721 Do Pass
Respectfully submitted, /s/ Clark of the 55th
Chairman

856

JOURNAL OF THE HOUSE,

Representative Milford of the 13th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1638 Do Pass
Respectfully submitted, /s/ Milford of the 13th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1570 Do Pass HB 1449 Do Pass HB 1475 Do Pass

HB 658 Do Pass HB 751 By Committee Substitute, With No Recommendation

Respectfully submitted, Is/ Jackson of the 9th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 755 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1552 Do Pass, as Amended HB 1584 Do Pass HB 1585 Do Pass HB 1651 Do Pass

HR 592 Do Pass SB 418 Do Pass, by Substitute SB 445 Do Pass

WEDNESDAY, FEBRUARY 10, 1988

857

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

By unanimous consent, the following Resolution of the House was withdrawn from the local calendar and recommitted to the Committee on State Planning and Community Affairs:

HR 592. By Representatives Goodwin of the 63rd, Wall of the 61st, Pittman of the 60th, Mobley of the 64th and Lawson of the 9th:
A resolution urging the Board of Commissioners of Gwinnett County to create the Gwinnett County Citizens' Planning Task Force.

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 10, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 22nd Legislative Day as enumerated below:
HB 414 Workers' Comp: Benefits: Residency Requirements HB 1297 Administrative Services, Dept. of: Services to Local Gov'nt. HB 1362 Post-Mortem Exam.: Definition of Medical Examiner HB 1382 Mot. Veh. Reg. Application: Annual Performance Bonds: Req. HB 1407 Family Violence: Definitions: Arrest Provisions HB 1413 Nonprofit Contractors: Doing Business W/State: Reports HB 1509 Child Custody: Proceedings, State: Define HB 1523 State Patrol: Process Servers HB 1536 Contracts: Certain Commitments in Writing HB 1538 Torts: Damage to Property: Recovery HB 1577 Witnesses: Influencing Testimony: Prohibitions
HR 619 Big Haynes & Alcovy Watershed Protection Study Committee HR 725 William H. Freeman Memorial Bridge: Designate
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 1552.

By Representative Royal of the 144th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to provide how the members of the board of commissioners shall be elected; to provide for five single-member commissioner districts; to provide for staggered terms of office.

The following amendment was read and adopted:

858

JOURNAL OF THE HOUSE,

The Committee on State Planning & Community Affairs moves to amend HB 1552 by inserting the word "north" in line 6 on page 3 between the word "proceed" and the word "along".

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 1584.

By Representatives Oliver of the 53rd, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th, Tolbert of the 58th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the compensation of the judges of the state court.

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

HB 1585. By Representatives Oliver of the 53rd, Workman of the 51st, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th and others:
A bill to create an Act creating the State Court of DeKalb County, so as to provide for the appointment of deputy clerks; to provide for related matters.

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

HB 1651.

By Representative Stancil of the 66th:
A bill to amend an Act providing changes in the Magistrate Court of Morgan County, so as to increase the amount collected as law library fees in 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 418. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for qualifica tions, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board.

WEDNESDAY, FEBRUARY 10, 1988

859

The following Committee substitute was read and adopted:

A BILL
To create a new board of commissioners of Hart County; to provide for five members of the board; to provide for elections; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for qualifica tions, terms, and elections procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for the compensation of the chairman and members of the board; to provide for the powers, duties, and author ity of the chairman and members of the board of commissioners; to create the office of county manager and provide for certain duties and powers of such office; to provide guide lines for the selection of a county manager; to provide for practices and procedures; to pro vide for the appointment, removal, and compensation of employees and department heads; to provide for compensation restrictions for persons filling certain offices and positions; to provide for the preparation and submission of budgets; to provide for a system of expendi tures of county funds; to provide for audits of county finances and financial records; to provide for the specific repeal of certain local Acts; to provide for other matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman and four other members; to provide for the qualifications of the chairman and other members; to provide for the election of the members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to provide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the board; to provide for all matters relative to the foregoing; to create a new board of commissioners of Hart County to consist of a chairman, a road commissioner, and three other members; to provide for the qualifications of the chairman, the road commissioner, and other members; to provide for the election of the chairman, the road commissioner, and the other members of the board and for their terms of office; to provide for the commissioner of roads and bridges and members of the board of finance in office on January 1, 1988; to provide for the filling of vacancies; to provide for commissions and bonds; to provide for meetings of the board; to provide for a clerk of the board; to provide for the powers and duties of the chairman, the road commissioner, and the other members of the board; to provide for all matters relative to the foregoing; to provide when the provisions of this Act shall become effective; to repeal certain specific local laws; to provide for a referendum at which the voters of Hart County shall be given three choices relating to the composition and selection of the governing authority of Hart County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. (a) There is created a board of commissioners of Hart County to con sist of five members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into five commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902 Those parts of Blocks 101 and 136 outside the corporate limits of Hartwell Blocks 137 through 139, 215, 419, and 420 Tract 9903

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That part of Block 124 inside the corporate limits of Hartwell
Blocks 125 through 145, 151 through 154, 178 through 180, 182, 204 through 206, 220 through 223, 238 through 245, 249, 255 through 260, 266 through 271, 304, and 305
Commissioner District No. 2
Hart County Tract 9901 Blocks 101 through 144, 401 through 410, 412 through 422, 430, 501 through 512, 516, and 518 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell Blocks 155 through 177, 201 through 203, 224 through 232, 234 through 237, and 250 through 254
Commissioner District No. 3
Hart County Tract 9901 Block Group 6 Tract 9902 That part of Block 101 within the corporate limits of Hartwell Blocks 102 through 135 That part of Block 136 within the corporate limits of Hartwell Blocks 401 through 413 and 415 through 418 Tract 9903 Blocks 146 through 150, 207 through 218, and 272
Commissioner District No. 4
Hart County Tract 9901 Block Group 2 Blocks 301 through 347, 349, 351 through 387, 395, 397 through 399, 411, 423 through 429, 431 through 447, 449, 513 through 515, 517, and 519 through 528 Block Group 7 Tract 9902 Blocks 506 and 507 That part of Block 508 within the corporate limits of Cannon
Commissioner District No. 5
Hart County Tract 9901

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Blocks 388 through 390, 392 through 394, 396, and 448
Tract 9902 Blocks 201 through 214, 216 through 243, 250, 301, 414, 421 through 446, and 501 through 505 That part of Block 508 outside the corporate limits of Cannon Blocks 509 through 586
Tract 9903 Blocks 246 through 248, 261 through 265, and 301 through 303
(c) For the purposes of this section: (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean
and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner Districts No. 1, 3, and 5. Each such member shall serve for an initial term of office of four years and until his successor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an ini tial term of two years and until his successor is elected and qualified. At the general elec tion in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(c) All such elections shall be held and conducted as provided by law for the election of county officers.
(d) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candi dates who are elected to office shall take office on the first day of January following their election.
(e) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. At the first meeting of the board in January of each year, the members of the board shall elect, by majority vote, one of their number as chairman for the ensuing year. In the event the office of the commissioner elected as chairman becomes vacant, the remaining commissioners shall, at the next regular meeting, elect one of their number by majority vote as successor who shall serve as chairman for the remainder of the year.
Section 4. Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The office of county commissioner shall be deemed to be a part-time position.

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Section 5. In the event a vacancy occurs in the membership of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the membership of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of commissioner, as the case may be, for the unexpired term.
Section 6. The members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of Hart County coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of Hart County coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 7. The board of commissioners shall hold a regular meeting for the trans action of public business pertaining to county matters which shall be held in an appropri ate office of the courthouse of Hart County on the second Monday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 8. The board of commissioners shall employ a clerk, who, at the board's discretion, may also serve as the county manager, a road superintendent, and such other personnel as the board deems necessary. All such personnel shall receive the compensation fixed by the board which shall be paid from county funds. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspec tion by any taxpayer of the county during normal working hours. The road superintendent shall have such duties and authority as prescribed by the board of commissioners which shall include, but not be limited to, the general supervision of all road and bridge work in Hart County. The chairman of the board of commissioners shall be responsible for supervising and directing the road superintendent in accordance with the policies, resolu tions, and ordinances approved by the board. The road superintendent shall meet with the board as it shall direct from time to time and at regular meetings to report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects. The clerk and road super intendent before entering on the discharge of their duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful performance of their duties. The clerk and road superintendent shall hold their offices at the pleasure of the board of commissioners.

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Section 9. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof.
Section 10. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners shall preside at the meeting.
(b) The chairman of the board of commissioners shall receive a salary of $750.00 per month payable from the funds of Hart County.
(c) The other members of the board shall receive a salary of $450.00 per month pay able from the funds of Hart County.
Section 11. (a) There is created the office of county manager of Hart County. The qualifications, method of selection, appointment, term of office, compensation, procedure for removal or suspension, method of filling vacancies, and other related matters pertain ing to the office of county manager shall be provided for by resolution of the board of commissioners of Hart County.
(b) In its discretion, the board of commissioners of Hart County may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office.
(c) The county manager shall be the chief administrative officer of the government of Hart County and shall be charged with carrying out policies adopted by the board or provided by law. He shall be responsible to the board of commissioners for the proper and efficient administration of all affairs of the county, except as otherwise provided by law. It shall be the duty of the county manager to:
(1) Exercise control over all departments or divisions of the county which the board of commissioners or chairman of the board of commissioners has heretofore exercised or that may hereafter be created, except the road department and except as otherwise provided in this part;
(2) Keep the board of commissioners fully advised as to the financial condition and needs of the county;
(3) Supervise and direct the official conduct of all appointive county officers and department heads, except as may be otherwise provided in this part;
(4) Attend all meetings of the board of commissioners with the right to take part in the discussions, provided that the county manager shall have no vote on any matter or issue before the board of commissioners;
(5) Supervise the performance of all contracts made by any person for work done for Hart County and to supervise and regulate all purchases of materials and supplies for Hart County within such limitations and under such rules and regulations as may be imposed by the board of commissioners, provided that the county manager is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00;
(6) Confer and advise with all other elected or appointed officials of Hart County who are not under the immediate control of the board of commissioners but who receive financial support from the board;
(7) Devote his entire time to the duties and affairs of his office and hold no other office or employment for remuneration while so engaged; and
(8) Perform such other duties as may be required of him by the board of commis sioners including the functions of the county clerk and treasurer.
Section 12. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regula tions governing all matters reserved to its exclusive jurisdiction, which policies, rules, and

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regulations, when so adopted, with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding on the county manager. The policies, rules, and regulations so adopted by the board of commissioners shall be carried out, exe cuted, and enforced by the county manager as chief administrative officer of the county, and the board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by the county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the board of commissioners shall be null, void, and of no effect. The following powers are vested in the board of commis sioners and reserved for its exclusive jurisdiction:
(1) To levy taxes; (2) To make appropriations; (3) To fix the rates of all other charges; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize contracts and purchases, except as otherwise provided in this part, involving the expenditure of county funds; (7) To establish, alter, or abolish public roads including establishing, paving, con struction, and maintenance priorities from time to time, private ways, bridges, and fer ries, according to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts accord ing to law; (9) To allow the insolvent lists for the county; (10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county or by a commissioner or board of commissioners of the county; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner and board of finance of Hart County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power given to the chairman by the provisions of this part; and (17) To make purchases in amounts over $2,500.00; provided, however, that, for any purchases in such amounts, advertisements for bids shall be first published for two consecutive weeks in the official organ of Hart County. Formal, sealed bids, after the advertising has been published, must be obtained on all purchases of $2,500.00 or more. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the board of commissioners, an emergency exists which will not permit a delay.
Section 13. (a) The county manager shall have authority to appoint and fix the compensation of the appointive officers and employees of Hart County subject to the following limitations and requirements:
(1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this part;
(2) The appointment of officers and employees at the department-head level and the compensation fixed by the county manager shall be within budgetary provisions

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subject to approval or rejection by a majority of the board of commissioners in each and every case;
(3) All appointments shall be in accordance with the civil service merit system laws of Hart County which may now be in force or which may be adopted, when such laws are applicable to such appointments; and
(4) The county attorney, county physician, road superintendent, clerk, and county auditor shall be appointed by and shall serve at the pleasure of the board of commis sioners and their compensation shall be fixed by the board of commissioners. (b) The board of commissioners, by majority vote, which majority may be the chair man and any two members or may be any three members of the board of commissioners, may remove from office or employment any department head of Hart County, provided the removal of such department head is not otherwise provided for by the civil service merit system laws of Hart County which may now be in force or which may be adopted. At any time, the county manager may discharge any employee or department head except the road superintendent; any department head so discharged may appeal for just cause to the board of commissioners. The board of commissioners may, by majority vote, which majority may be the chairman and any two members of the board of commissioners or may be any three members of the board of commissioners, grant or reject any appeal for just cause. Failure to grant an appeal shall constitute discharge of the department head. (c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in connec tion therewith, when such boards and commissions were created by law, nor to the elective county officers of Hart County and employees under their supervision and control. (d) It is specifically provided that the elective county officers of Hart County shall have the sole authority to appoint the personnel employed within their respective offices, subject to the civil service and merit system laws of Hart County which may now be in force or which may be adopted, when applicable to such personnel, but the board of commissioners, by majority vote, which majority may be the chairman and any two mem bers or may be any three members of the board of commissioners, shall have the authority to approve or reject the salary recommended for each such employee.
Section 14. The board of commissioners shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices.
Section 15. Except as otherwise provided in Section 13 of this part, the board of commissioners shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Hart County which may now be in force or subsequently adopted, all employees of the county.
Section 16. The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise pre scribed by such statute, shall be made and fixed by the commission, within budgetary provisions.
Section 17. The treasurer of Hart County may also serve as the county manager or the clerk. The treasurer of Hart County or depository of the county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution pre scribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds.
Section 18. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January

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of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the court house and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 19. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 2
Section 1. (a) There is created a board of commissioners of Hart County to con sist of a chairman and four other members to be elected as provided in this part. Each candidate for membership on the board shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into four commissioner districts as follows:
Commissioner District No. 1
Hart County Tract 9902 Blocks 101, 102, 110, 111, and 118 through 122 That part of Block 136 outside the corporate limits of Hartwell Blocks 137 through 139 and 201 through 205 That part of Block 206 which lies south of the Plantation Transmission Pipeline Blocks 207 through 250, 301, 410, 418 through 420, 434, and 446 Those parts of Blocks 559 and 560 which lie south of the Plantation Transmission Pipeline Blocks 561 through 563 Tract 9903 That part of Block 124 within the corporate limits of Hartwell Blocks 125 through 133, 136 through 148, 220, 239 through 249, 257 through 272, and 301 through 305
Commissioner District No. 2
Hart County Tract 9901 Block Group 6 Tract 9902 Blocks 103 through 109

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Tract 9903 Blocks 101 through 123 That part of Block 124 outside the corporate limits of Hartwell Blocks 134, 135, 149 through 180, 182, 201 through 218, 221 through 232, 234 through 238, and 250 through 256
Commissioner District No. 3
Hart County Tract 9901 Block Groups 1 and 2 Blocks 301 through 347, 364, and 401 through 449 Block Group 5
Commissioner District No. 4
Hart County Tract 9901 Blocks 349, 351 through 363, 365 through 390, and 392 through 399 Block Group 7 Tract 9902 Blocks 112 through 117 and 123 through 135 That part of Block 136 within the corporate limits of Hartwell That part of Block 206 which lies north of the Plantation Transmission Pipeline Blocks 401 through 409, 411 through 417, 421 through 433, 435 through 445, and 501 through 558 Those parts of Blocks 559 and 560 which lie north of the Plantation Transmission Pipeline Blocks 564 through 586
(c) For the purposes of this section: (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean
and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner Districts No. 1 and 3. Each such member shall serve for an initial term of office of four years and until

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his successor is elected and qualified. Successors to such members shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988 and every four years thereafter, the chairman shall be elected to serve for a term of four years and until his successor is elected and qualified.
(c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 2 and 4. Each such member shall serve for an ini tial term of two years and until his successor is elected and qualified. At the general elec tion in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(d) All such elections shall be held and conducted as provided by law for the election of county officers.
(e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candi dates who are elected to office shall take office on the first day of January following their election.
(f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.
Section 3. Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman shall be a citizen of this state who has been a resident of Hart County preceding his election and shall hold no other elective public office.
Section 4. In the event a vacancy occurs in the chairmanship or other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chair manship or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term.
Section 5. The chairman and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their pos session. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of the county coming into their pos session. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his min utes.
Section 6. The board of commissioners shall hold a regular meeting for the trans action of public business pertaining to county matters which shall be held in an appropri ate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.

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Section 7. The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary. All such personnel shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commis sioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful perfor mance of his duties. The clerk shall hold the office at the pleasure of the board of commis sioners.
Section 8. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof.
Section 9. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The chairman of the board of commissioners shall be the road commissioner of Hart County. The road commissioner shall supervise and direct the construction, maintenance, and improvement of all roads and bridges in Hart County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road department. The road commissioner shall conduct these duties pursuant to the policies, rules, resolutions, and ordinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects.
(b) The chairman of the board of commissioners shall receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commissioner, or clerk of the superior court.
(c) The other members of the board shall receive a salary of $450.00 per month pay able from the funds of Hart County.
Section 10. (a) The board of commissioners of Hart County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to the county as they may deem expedient according to law, including the pro ceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for

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county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and dis trict road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for gov erning authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.
(b) The chairman of the board shall devote his full time to the business and interests of Hart County in the performance and discharge of his duties.
Section 11. The treasurer of Hart County or depository of the county shall not dis burse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolu tion prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds.
Section 12. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the court house and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.
Section 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county.
Section 14. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.
Part 3
Section 1. (a) There is created a board of commissioners of Hart County to con sist of a chairman, a road commissioner, and three other members to be elected as pro vided in this part. Each candidate for membership on the board, other than the chairman and the road commissioner, shall be a resident of the commissioner district created by this section which he offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election. Each candidate for chairman of the board

WEDNESDAY, FEBRUARY 10, 1988

871

or road commissioner shall be a resident of Hart County and shall be elected by a majority vote of the qualified voters of the entire county voting in such election.
(b) For the purpose of electing members of the board of commissioners, Hart County is divided into three commissioner districts as follows:
Commissioner District No. 1.
Hart County Tract 9902 Blocks 101, 102, 110 through 112, and 118 through 122 That part of Block 136 outside the City of Hartwell Blocks 137 through 139 Blocks 201 through 243 and 250 Block 301 Blocks 410, 418 through 421, 432 through 437, and 440 through 446 Blocks 535 through 539 Those parts of Blocks 540 and 541 inside the City of Royston Blocks 543 through 586 Tract 9903 That part of Block 124 inside the City of Hartwell Blocks 125 through 133 and 135 through 148 Blocks 220, 241 through 248, 255, and 259 through 272 Blocks 301 through 305
Commissioner District No. 2
Hart County Tract 9901 Block Group 1 Blocks 401 through 432, 436 through 439, 443 and 444 Blocks 501 through 517 Tract 9902 Blocks 103 through 109 Block 542 Tract 9903 Blocks 101 through 123 That part of Block 124 outside the City of Hartwell Blocks 134, 149 through 180, and 182 Block 201 through 218, 221 through 232, 234 through 240, 249 through 254, and 256 through 258
Commissioner District No. 3
Hart County Tract 9901 Block Groups 2 and 3 Blocks 433 through 435, 440 through 442, and 445 through 449 Blocks 518 through 528

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Block Groups 6 and 7 Tract 9902
Blocks 113 through 117 and 123 through 135
That part of Block 136 inside the City of Hartwell
Blocks 401 through 409, 411 through 417, 422 through 431, 438, and 439
Blocks 501 through 534 Those parts of Blocks 540 and
541 outside the City of Royston
(c) For the purposes of this section: (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean
and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(3) Any part of Hart County which is not included in any district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
Section 2. (a) At the general election in 1988 and every four years thereafter, members of the board of commissioners shall be elected from Commissioner District No. 2. Such member shall serve for an initial term of office of four years and until his succes sor is elected and qualified. Successors to such member shall serve for terms of office of four years and until their successors are elected and qualified.
(b) At the general election in 1988 and every four years thereafter, the chairman and the road commissioner shall be elected to serve for a term of four years and until their successors are elected and qualified.
(c) At the general election in 1988, members of the board of commissioners shall be elected from Commission Districts No. 1 and 3. Each such member shall serve for an ini tial term of two years and until his successor is elected and qualified. At the general elec tion in 1990 and every four years thereafter, successors to such members shall be elected and shall serve for terms of office of four years and until their successors are elected and qualified.
(d) All such elections shall be held and conducted as provided by law for the election of county officers.
(e) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candi dates who are elected to office shall take office on the first day of January following their election.
(f) The commissioner of roads and bridges for Hart County and the members of the board of finance of Hart County in office on January 1, 1988, shall serve until December 31, 1988, at which time such offices, as created pursuant to an Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall stand abolished.

Section 3. Members of the board of commissioners, other than the chairman and the road commissioner, shall be citizens of this state who have been residents of their respective commissioner districts preceding their election and shall hold no other elective public office. The chairman and the road commissioner shall be citizens of this state who have been residents of Hart County preceding their election and shall hold no other elec tive public office.

WEDNESDAY, FEBRUARY 10, 1988

873

Section 4. In the event a vacancy occurs in the office of the chairman, the road commissioner, or other member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the office of the chairman, the road commissioner, or other member of the board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman, for road commissioner, or for commissioner, as the case may be, for the unexpired term.
Section 5. The chairman, the road commissioner, and other members of the board of commissioners of Hart County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of the county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of the county coming into their possession. The surety on the bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his minutes.
Section 6. The board of commissioners shall hold a regular meeting for the trans action of public business pertaining to county matters which shall be held in an appropri ate office of the courthouse of Hart County on the first Tuesday in each month of the year, but the board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of three commissioners. The members of the board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.
Section 7. The chairman of the board of commissioners shall employ a clerk and such other personnel as the chairman deems necessary; provided, however, that the road commissioner shall have the authority to hire and employ all employees of the road department. All such personnel employed by the chairman shall receive the compensation fixed by the full board of commissioners which shall be paid from county funds, which compensation shall not exceed, as to any employee, that of the chairman. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treas ury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners, which bond shall be in the sum of $5,000.00, payable to the board of commissioners for the faithful perfor mance of his duties. The clerk shall hold the office at the pleasure of the board of commis sioners.
Section 8. Three members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairman of the board shall preside at meetings and shall perform such duties and

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have such powers as are or may be conferred upon him by law or authorized by the board and shall at each regular meeting of the board submit a report of the condition of the county affairs and make to the board such recommendations as he may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. The chairman, the road commissioner, and the other members of the board of commissioners shall each be authorized to vote on all matters before the board of commissioners.
Section 9. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless the chairman is absent, in which event one of the other commissioners, selected by a majority vote of members present shall preside at the meeting. The road commissioner shall supervise and direct the construction, mainte nance, and improvement of all roads and bridges in Hart County and supervise and direct the employees, independent contractors, and prison laborers assigned to the road depart ment. The road commissioner shall conduct these duties pursuant to the policies, rules, resolutions, and ordinances approved by the full board. The road commissioner shall also provide the board with a monthly report on the general status and condition of the road equipment and personnel matters relating to the road department and the status of all road and bridge projects.
(b) The chairman of the board of commissioners and the road commissioner shall each receive from the funds of Hart County an annual salary equal to that of the highest paid of the following elected Hart County officers: sheriff, probate judge, tax commis sioner, or clerk of the superior court.
(c) The other members of the board shall receive a salary of $450.00 per month pay able from the funds of Hart County.
Section 10. (a) The board of commissioners of Hart County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to the county as they may deem expedient according to law, including the pro ceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in the county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of the county for the correction of errors; in regulating or fixing license fees as may be provided by the law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as superintendents, wardens, guards of convicts, and dis trict road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; and to have and exercise all the power heretofore vested in the commissioner of roads and bridges and board of finance of Hart County; and to exercise such other powers and duties as are now or as may hereafter be provided by law for gov erning authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.
(b) The chairman of the board shall devote his full time to the business and interests of Hart County in the performance and discharge of his duties.
Section 11. The treasurer of Hart County or depository of the county shall not dis burse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners and signed by the chairman of the board of commissioners provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolu tion prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed

WEDNESDAY, FEBRUARY 10, 1988

875

by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds.

Section 12. The fiscal year of the county shall begin on the first day of October and end on the last day of September of the succeeding year. Prior to the first day of January of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the court house and shall notify the residents of Hart County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of Hart County as soon as it is available from the the certified public accountant. The cost of all such publication in the official organ of Hart County shall be paid by county funds.

Section 13. The board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and the county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county.

Section 14. An Act creating the office of commissioner of roads and bridges for Hart County and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is repealed in its entirety.

Part 4

Section 1. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hart County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Hart County for approval or rejection. The election superintendent shall conduct that election on April 12, 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 Hart County. The ballot shall have written or printed thereon the words:

"( )

Question No. 1. Shall the governing authority of Hart County be changed

to a five-member board of commissioners, elected from districts, and a

county manager?"

"( )

Question No. 2. Shall the governing authority of Hart County be changed

to a board of commissioners with a chairman who shall be elected at

large from the entire county and also serve as road commissioner, and

four other board members elected from districts?"

"( )

Question No. 3. Shall the governing authority of Hart County be changed

to a board of commissioners with a chairman and a road commissioner

who shall be elected at large from the entire county and three other

members of the board who shall be elected from districts?"

No voter shall vote for more than one of the above questions. If Question No. 1 receives more votes or an equal number of votes as Question No. 2 or Question No. 3, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provi sions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 2 and Part 3 of this Act shall be void and of no force and effect. If Question No. 2 receives more votes than Question No. 1 or Question No. 3, Part

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2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provi sions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 3 of this Act shall be void and of no force and effect. If Question No. 3 receives more votes than Question No. 1 or Question No. 2, Part 3 and Part 5 of this Act shall become effective on January 1, 1989, except that the provi sions relating to the election of the members of the board of commissioners shall become effective immediately, and Part 1 and Part 2 of this Act shall be void and of no force and effect. Part 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. If neither Part 1, Part 2, nor Part 3 of this Act is 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 Hart County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Part 5
Section 1. 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 445. By Senator McKenzie of the 14th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Macon County during designated registration periods as provided in Code Section 41-2-20.1 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.

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

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

HB 1421.

By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others:
A bill to amend the charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to change the provisions relating to the Board of Tax Assessors for the consolidated government.

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

WEDNESDAY, FEBRUARY 10, 1988

877

HB 1569.

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 1573.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that the tax commissioner of Rabun County shall not retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Rabun County to reimburse the county for the cost of collecting school taxes.

HB 1574. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act placing the Coroner of Rabun County on a monthly salary, so as to change the compensation of the coroner.

HB 1609.

By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th and Milford of the 13th:
A bill to create the Classic Center Authority for Clarke County, Georgia, so as to provide for the public purpose of the authority.

SB 51. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide for the appointment of a nine-member board of processioners for each county; to provide for the appointment of temporary processioners; to provide for the powers, duties, practices, and procedures in connection with the processioning of property boundaries.

SB 397. By Senator Hine of the 52nd:
A bill to amend Code Section 26-4-37 of the Official Code of Georgia Anno tated, relating to powers and duties of the State Board of Pharmacy, so as to change that board's authority regarding certain rules relating to the adver tising of drug prices.

SB 400. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to pro vide for the establishment of an arts development fund to be administered by the Georgia Council for the Arts; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to said fund.

SB 403. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Anno tated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that in any adverse action against a permanent status employee of the Department of Human Resources or Department of Corrections, such permanent status employee shall not be subject to dismissal from employment under certain conditions.

878

JOURNAL OF THE HOUSE,

SB 406. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Adminis tration, so as to provide that employees in the classified service who are assigned to duty on night shifts are eligible for a supplement of $120.00 per month in addition to their normal salary to be paid in accordance with the department or agency plan required to be filed with and approved by the commissioner of personnel administration.

SB 528, By Senators Bowen of the 13th, Timmons of the llth, English of the 21st and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the qualifications of persons serving on county and independent boards of edu cation after a certain date.

SB 548. By Senator Dawkins of the 45th:
A bill to amend Code Section 17-12-36 of the Official Code of Georgia Anno tated, relating to the distribution of certain state appropriated funds under the "Georgia Indigent Defense Act," so as to change the manner and method of distributing such funds; to provide for allocation of such funds.

SB 560. By Senator Peevy of the 48th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for the offense of using intimidation, physical force, or threats with respect to certain wit nesses or informants; to provide for the elements of and acts constituting such offense; to provide for criminal penalties; to provide for all matters rela tive to the foregoing.

SB 577. By Senators Johnson of the 47th, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Anno tated, relating to downtown development authorities, so as to change the definition of "project" to include certain hospitals, skilled nursing homes, and intermediate care homes; to change certain powers of such authorities.

SB 593. By Senators Burton of the 5th, Ragan of the 10th and Kidd of the 25th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Pro grams for the Hearing Impaired; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide a termination date.

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

WEDNESDAY, FEBRUARY 10, 1988

879

SB 51. By Senator Phillips of the 9th:
A bill to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning of property boundaries, so as to provide for the appointment of a nine-member board of processioners for each county; to provide for the appointment of temporary processioners; to provide for the powers, duties, practices, and procedures in connection with the processioning of property boundaries.
Referred to the Committee on Special Judiciary.
SB 397. By Senator Hine of the 52nd:
A bill to amend Code Section 26-4-37 of the Official Code of Georgia Anno tated, relating to powers and duties of the State Board of Pharmacy, so as to change that board's authority regarding certain rules relating to the adver tising of drug prices.
Referred to the Committee on Health & Ecology.
SB 400. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to pro vide for the establishment of an arts development fund to be administered by the Georgia Council for the Arts; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to said fund.
Referred to the Committee on Ways & Means.
SB 403. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Anno tated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that in any adverse action against a permanent status employee of the Department of Human Resources or Department of Corrections, such permanent status employee shall not be subject to dismissal from employment under certain conditions.
Referred to the Committee on Governmental Affairs.

SB 406. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Adminis tration, so as to provide that employees in the classified service who are assigned to duty on night shifts are eligible for a supplement of $120.00 per month in addition to their normal salary to be paid in accordance with the department or agency plan required to be filed with and approved by the commissioner of personnel administration.
Referred to the Committee on Appropriations.

SB 528. By Senators Bowen of the 13th, Timmons of the llth, English of the 21st and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the qualifications of persons serving on county and independent boards of edu cation after a certain date.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

SB 548. By Senator Dawkins of the 45th:
A bill to amend Code Section 17-12-36 of the Official Code of Georgia Anno tated, relating to the distribution of certain state appropriated funds under the "Georgia Indigent Defense Act," so as to change the manner and method of distributing such funds; to provide for allocation of such funds.
Referred to the Committee on Judiciary.

SB 560. By Senator Peevy of the 48th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for the offense of using intimidation, physical force, or threats with respect to certain wit nesses or informants; to provide for the elements of and acts constituting such offense; to provide for criminal penalties; to provide for all matters rela tive to the foregoing.
Referred to the Committee on Judiciary.

SB 577. By Senators Johnson of the 47th, Ragan of the 10th, Kennedy of the 4th and others:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Anno tated, relating to downtown development authorities, so as to change the definition of "project" to include certain hospitals, skilled nursing homes, and intermediate care homes; to change certain powers of such authorities.
Referred to the Committee on Health & Ecology.

SB 593. By Senators Burton of the 5th, Ragan of the 10th and Kidd of the 25th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Pro grams for the Hearing Impaired; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide a termination date.
Referred to the Committee on Health & Ecology.

Representative Kilgore of the 42nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

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.

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

Y Aaron
Adams.G Y Adams.M
Aiken
Y Alford

Y Alien
Y Athon Atkins
Y Bailey
Y Balkcom

Y Bannister
Y Bargeron Y Bainett,B
Barnett.M
Y Beck

Y Benefield
Benn Birdsong Y Bishop
Y Bostick

Branch
Y Brooks Brown
Y Buck
Y Buford

WEDNESDAY, FEBRUARY 10, 1988

881

YByrd Y Carrel! Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Couch YCox Y Crawford
Crosby Y Cummings,B
Cummings.M Davis.G Davis.M Y Dixon Y Dobbs Y Dover
YDunn Y Edwards
Felton Y Floyd
Y Foster YGaler

Y Godbee Y Goodwin Y Green Y Greene
Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Hasty Y Heard Y Hensley Y Herbert Y Holcomb
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

N Lawrence Y Lawson YLee N Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford
Y Mobley Y Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock
Y Padgett Y Pannell Y Parham
Y Parrish

On the motion, the ayes were 131, nays 4. The motion prevailed.

Y Patten Y Peters
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 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 Stanley
Y Steinberg
Y Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond Tolbert Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C
Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Wilder N Williams.B Y Williams.J
Wilson Y Wood
Workman Y Yeargin
Murphy,Spkr

The Speaker Pro Tern assumed the Chair.

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

HB 1362.

By Representative Cox of the 141st:
A bill to amend Code Section 45-16-21 of the Official Code of Georgia Anno tated, relating to definitions under the "Georgia Post-mortem Examination Act," so as to change the definition of the term "medical examiner".

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 Y Bargeron Y Barnett,B
Barnett,M
YBeck Y Benefield
Benn Y Birdsong

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

Y Coleman Y Colwell
Connell Couch YCox Y Crawford Y Crosby Y Cummings.B Cummings.M Davis.G Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd

Y Foster YGaler N Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris
Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Holmes Hooks Y Hudson Isakson Y Jackson.,! 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 Lawson YLee

882

JOURNAL OF THE HOUSE,

Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M 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

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

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

On the passage of the Bill, the ayes were 137, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1577.

By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd and Chambless of the 133rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to change the provisions relating to influencing witnesses.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1577 by striking from lines 19 and 20 of page 1 the following:
"reputation,".

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

Y Aaron Adams ,G
Y Adams.M Y Aiken
Y Alford Y Alien Y 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 Y Brooks Y Brown YBuck Y Buford YByrd

Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Davis.G Davis.M Y Dixon Y Dobbs Y Dover Y 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
Hasty 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 YLong YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford

Y Mobley Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M 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

WEDNESDAY, FEBRUARY 10, 1988

883

Y Randall Y Ransom Y Ray
Reaves Redding
Y Richardson YRicketson Y Robinson Y Royal Y Selman

Y Shepard Sherrod
Y Simpson Sinkfield
Y Sizemore
Smith.L Y Smith,P
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
Tolbert

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

Y Watte White Wilder
Y Williams.B Y Williams,J
Y Wilson Wood
Y Workman Y Yeargin
Murphy,Spkr

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

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 Bills of the House:

HB 1267.

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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Anno tated, relating to definitions concerning public utilities and public trans portation, so as to change certain provisions relating to the definition of the term "motor common carrier and motor contract carrier".

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

HR 725. By Representative Birdsong of the 104th: A resolution designating the William H. Freeman Memorial Bridge.

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

Y Aaron Adams.G
Y Adams.M Y Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey YBalkcom Y Bannister Y Bargeron

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

Y Buford Y Byrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks
Y Childers Clark,B
Y Clark.H Y Clark,L Y Colbert

Coleman Colwell Connell Couch
Y Cox Y Crawford
Crosby
Y Cummings.B Cummings,M Davis.G
Y Davis,M Y Dixon

Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster
Y Galer Y Godbee Y Goodwin Y Green Y Greene

884

JOURNAL OF THE HOUSE,

Y Greer
Y Gresham
Y Griffin
Y Groover
Y Hamilton Y Manner Y Harris Y Hasty Y 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
Y Lawler Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman
Porter
Y Powell Prichard Rainey
Y Ramsey.T
Y Ramsey.V Y Randall
Y Ransom

YRay Reaves Redding
Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Shepard
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

Thomas.M
Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplet!
Twiggs
Y Waddle Y Waldrep
Walker.C Walker.L Y Wall Ware Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1413.

By Representatives Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 50-20-3 of the Official Code of Georgia Anno tated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require financial statements to include revenues and expenditures in cer tain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.

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 YBeck Y Benefield
YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter

Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H
Clark,L
Y Colbert Coleman
Y Colwell Connell Couch
YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M
Dixon Dobbs Y Dover Y 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 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 Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M 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 YRay
Reaves Redding Y Richardson
Y Ricketson Y Robinson
Y Royal Y Selman

WEDNESDAY, FEBRUARY 10, 1988

885

Y Shepard
Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T

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

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

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

Wilder Y Williams,B Y Williams,J Y Wilson Y Wood
Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 414. By Representatives Martin of the 26th and Orrock of the 30th:
A bill to amend Code Section 34-9-265 of the Official Code of Georgia Anno tated, relating to liability for compensation under workers' compensation provisions for death resulting from causes other than injury and payment of compensation for death resulting from injury, so as to delete provisions limit ing compensation according to the residence of certain dependents.

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

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

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

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

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

On the passage of the Bill, the ayes were 74, nays 83. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Martin of the 26th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 414.

886

JOURNAL OF THE HOUSE,

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

HB 1267. 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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1267 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 Walker of the 115th, McDonald of the 12th and Coleman of the 118th.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1538. By Representatives Pettit of the 19th, Groover of the 99th and Thomas of the 69th:
A bill to amend Chapter 10 of Title 51 of the Official Code of Georgia Anno tated, relating to injuries to personalty, so as to authorize the owner of per sonal property to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so as to authorize the owner of personal property to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property; to provide for various damages and a limitation on the amount of damages which may be recovered; to require a property owner to file a demand for payment prior to filing the civil action in order to recover certain damages; to provide certain other conditions in order for a prop erty owner to recover certain damages; to provide that a person who makes payment in accordance with the demand for payment shall not be subject to a civil action by the prop erty owner; to authorize certain findings by the trier of fact in a civil action; to define a certain term; to prohibit civil actions under this Act under a certain condition; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 10, 1988

887

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, is amended by adding at the end thereof a new Code Section 51-10-6 to read as follows:
"51-10-6. (a) Any owner of personal property shall be authorized to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft as defined in Article 1 of Chapter 8 of Title 16 involv ing the owner's personal property. The owner of the personal property may recover as follows:
(1) In any such action, the property owner may recover compensatory damages which may include, in addition to the value of the personal property, any other loss sustained as a result of the willful damage or theft offense; and
(2) In any such action in which the value of the personal property that was dam aged or was the subject of the theft offense is less than $5,000.00, the property owner may recover compensatory damages, as described in paragraph (1) of this subsection, and additionally may recover exemplary damages equal to $200.00 or twice the amount of compensatory damages recovered in the action, whichever is greater, the cost of maintaining the civil action, and reasonable attorney's fees, if all of the follow ing apply:
(A) The property owner, at least 30 days prior to the filing of the action, served a written demand for payment of the value of that personal property and of the amount of any other loss sustained as a result of the willful damage or theft offense upon the person who willfully damaged the property or who committed the theft offense;
(B) The written demand that was served conformed to the requirements of sub section (c) of this Code section and was sent by certified mail, return receipt requested;
(C) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the amount specified in the demand within 30 days after the date of service of the writ ten demand upon him and did not enter into an agreement with the property owner during that 30 day period for such payment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such payment but the person did not make such payment in accordance with the terms of the agreement; and
(D) The property owner did not file a civil complaint against the person who willfully damaged the personal property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for payment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is appli cable.
(b) The person against whom the property owner brings a civil action pursuant to this Code section shall be entitled to recover reasonable attorney's fees and court costs upon a finding that the claimant raised a claim which was without reasonable, factual, or legal support.
(c) For purposes of paragraph (2) of subsection (a) of this Code section, a written demand for payment shall include a conspicuous notice to the person upon whom the demand is to be served along with a copy of this Code section.
(d) If a property owner whose personal property was willfully damaged or was the subject of a theft offense serves a written demand for payment upon a person who willfully damaged the personal property or who committed the theft offense, and the person makes payment in accordance with the demand within 30 days after the date of service of the written demand upon him or the person enters into an agreement with the property owner during that 30 day period for such payment and makes payment in accordance with the agreement, the property owner shall not file a civil complaint against the person in relation to the willful property damage or theft offense.

888

JOURNAL OF THE HOUSE,

(e) In a civil action to recover damages for willful damage to personal property or for a theft offense, the trier of fact may determine that an owner's property was willfully damaged or that a theft offense involving the owner's personal property has been committed, whether or not any person has pleaded guilty to or has been convicted of any criminal offense or has been adjudicated delinquent in relation to any act involving the owner's personal property.
(f) As used in this Code section, the term Value' means the retail value of any per sonal property that is offered for sale by a mercantile establishment or the replacement value of any other personal property.
(g) If a civil action is filed pursuant to Article 4 of Chapter 12 of Title 44 to recover personal property or damages resulting from willful damage to or theft of such personal property, no civil action authorized by this Code section shall be permitted."
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 Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Benefleld Benn Y Birdsong Bishop Y Bostick Y Branch
Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell
Couch YCox Y Crawford
Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton
Y Floyd Y Foster Y Galer
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris
Y Hasty 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 Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M 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
Redding Y Richardson
Y Ricketson Robinson
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 Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall
Y Ware Y Watson Y Watts
Y White Wilder
Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.

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

HB 1382.

By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and Williams of the 48th:
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 generally, so as to authorize the tax commissioner of each county to require certain private persons processing applications for motor vehicle registration to give annual performance bonds.

WEDNESDAY, FEBRUARY 10, 1988

889

The following Committee substitute was read and adopted:

A BILL

To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles generally, so as to authorize the tax commissioner of each county to require certain private persons processing applica tions for motor vehicle registration to give annual performance bonds; to provide for crim inal penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno

tated, relating to registration and licensing of motor vehicles generally, is amended by

striking Code Section 40-2-24, relating to processing by private persons of applications for

registration of motor vehicles, and inserting in its place a new Code Section 40-2-24 to

read as follows:

"40-2-24. (a) The commissioner is authorized and directed to promulgate rules and

regulations governing the processing by private persons, in any manner whatsoever, of

applications for the registration of vehicles.

(b) (1) The tax commissioner of each county shall be authorized to require any pri

vate person processing applications for the registration of vehicles pursuant to subsec

tion (a) of this Code section to give an annual performance bond in the amount of

$25,000.00 with good and sufficient surety or sureties licensed to do business in this

state payable to, in favor of, and for the protection of the county in which such person

processes such applications. Such bond shall be posted prior to the beginning of busi

ness operations each year and satisfactory proof of such bond shall be filed in the

office of the tax commissioner reqi: such bond prior to the 1

of business

operations each year.

(2) Any person who violates any provision of 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.

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 Balkcom
Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Brooks Y Brown YBuck Y Buford

YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H
Clark,L Y Colbert
Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M 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 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
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 McCoy Y McDonald Y McKelvey

McKinney Y Meadows
Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Orrock
Y Padgett Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Y Porter

890

JOURNAL OF THE HOUSE,

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

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 Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L
Y Wall Y Ware

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

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

The following Resolution of the House was read and adopted:

HR 779. By Representative Murphy of the 18th: A resolution designating February 11, 1988, as "Senior Georgians' Day".

By unanimous consent, HR 779 was ordered immediately transmitted to the Senate.

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

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

HB 713. By Representative Moultrie of the 93rd:
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 the filing of liens created pursuant to Section 107(f)(3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.

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 1407.

By Representatives Steinberg of the 46th, Chambless of the 133rd, Buck of the 95th, Ramsey of the 3rd and Thomas of the 31st:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Anno tated, relating to authorization of arrests with and without warrants gener ally, so as to change the provisions relating to arrests for acts of family violence and for offenses occurring between certain persons; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relat ing to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term "family violence".

The following amendment was read and lost:

Representative Groover of the 99th moves to amend HB 1407 by striking from Line 12, Page 2, the words "past or".

WEDNESDAY, FEBRUARY 10, 1988

891

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
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 N Branch Y Brooks Y Brown
YBuck Y Buford YByid
Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch
YCox Crawford
Y Crosby Y Cummings.B
Cummings.M
Y Davis.G N Davia.M Y Dixon Y Dobbs
Dover
YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresbam Y Griffin N Groover Y Hamilton Y Manner Y Harris Y Hasty
Heard Y Hensley Y Herbert N Holcomb

Y Holmes Y Hooks
Y Hudson YIsakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson ,D N 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 McCoy
McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley N Moody Y Moore N Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M 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 NRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Y Sinkfield

Y Sizemore N Smith,L Y Smith.P
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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder Y Williams,B Y Williams,J Y Wilson YWood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 151, nays 10. The Bill, having received the requisite constitutional majority, was passed.

Representative Carrell of the 65th 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 amendments thereto:

HB 1196. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in general, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other similar entities of the executive and judicial branches.

The following Senate amendment was read:

892

JOURNAL OF THE HOUSE,

Amend HB 1196 by striking on line 9 of page 1 the following:
"to provide an effective date;",
and inserting in lieu thereof the following:
"to change the compensation of the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; to provide effective dates;".
By striking Sections 2 and 3 and inserting new Sections 2, 3, and 4 to read as follows:
"Section 2. Said article is further amended by striking paragraphs (24) and (25) of subsection (a) of Code Section 45-7-4, relating to compensation of certain state officials, and inserting in place thereof new paragraphs (24) and (25) to read as follows:
'(24) President Pro Tempore of the Senate ..................................................................................2,800.00 4,800.00
The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly.
(25) Speaker Pro Tempore of the House of Representatives..............................................................................a#9&00 4,800.00
The Speaker Pro Tempore of the House of Repre sentatives shall also receive the salary and allow ances authorized as a member of the General Assembly.'
Section 3. Section 2 of this Act shall become effective on the convening date of the 1989 regular session of the General Assembly, and the remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law with out such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed."

Representative Walker of the 115th moved that the House agree to the Senate amend ment to HB 1196.
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 Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong
Y Bishop Bostick Branch
Y Brooks Brown
YBuck

Y Buford Byrd
Y Carrell Y Carter Y Chambless
Y Chance Cheeks
Y Childers Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell
Connell Couch YCox Crawford Y Crosby Y Cummings.B Cummings.M Y Davia.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 Greaham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Hensley Y 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 Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson
YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum

Y Martin
Y McCoy Y McDonald
McKelvey McKinney Y Meadows
Y Milam Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Peters

WEDNESDAY, FEBRUARY 10, 1988

893

Y Pettit Y Phillips
Pinkston YPittman Y Porter YPowell Y Prichard
Rainey YRamsey.T YRamsey.V
YRandall Y Ransom

Y Ray Y Reaves
Redding Y Richardson
Ricketson 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 Y Snow Y Stancil Y Stanley Y Steinberg
Y Stephens Y Thomas.C

On the motion, the ayes were 148, nays 0. The motion prevailed.

Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C
Y Walker.L Y Wall

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

HB 1195.

By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change the compensation of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.

The following Senate amendment was read:

Amend HB 1195 by striking all of lines 6 through 35 of page 4 and inserting in lieu thereof the following:
"The Speaker of the House of Representatives shall not receive the salary authorized for members of the General Assembly but shall receive the allowances authorized for members of the General Assembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the General Assembly in 1989, the salary of the Speaker of the House shall be increased by a cost-of-living adjustment equal to the percentage of the cost-of-living increase, if any, granted to employees of the executive, judicial, and legis lative branches of government in the appropriations Act for the fiscal year beginning July 1, 1988, and ending June 30, 1989. Thereafter the Speaker of the House shall receive cost-of-living adjustments as provided for in sub section (b) of this Code section."

By striking all of lines 39 through 48 of page 4 and all of lines 1 through 10 of page 5 and inserting in lieu thereof the following:
"(b) As a cost-of-living adjustment, the annual salary of each state official whose salary is established by Code Sections 45-7-3, 45-7-4, 45-7-20, and 45-7-21, including the Speaker of the House of Representatives but excluding other members of the General Assembly, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly, in the general appropriations Act. Unless otherwise provided in the general appropriations Act, the salary of each such official shall automatically be increased by a percentage equal to the percentage of the cost-of-living increase, if any, granted to employees of the executive, judicial, and legislative branches of government in the general appropriations Act. How ever, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted

894

JOURNAL OF THE HOUSE,

pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall
calculate the average percentage increase."

The following amendment was read and adopted:

Representative Walker of the 115th moves to amend the Senate amendment to HB 1195 by striking from line 12 through line 14 of page 2 the following:
"The Office of Planning and Budget shall calculate the average percentage increase."

Representative Walker of the 115th moved that the House agree to the Senate amend ment to HB 1195, as amended by the House.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford 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
Bostick Branch Brooks Y Brown YBuck Y Buford YByrd Y Carrell Carter Y Chambless Y Chance Y Cheeks Y Childers Clark.B Y Clark.H Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Crawford Y Crosby Y Cummingg,B
Cummings,M Y Davis.G Y Davis,M
Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Poster YGaler Y Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Y Holmes Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson Y JohnsonJ)
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 McCoy
McDonald McKelvey McKinney Y Meadows YMilam
Milford Y Mobley
Y Moody Y Moore Y Morton

On the motion, the ayes were 146, nays 0.

The motion prevailed.

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y 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
Ray Reaves Redding Richardson Ricketson 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 YSnow
Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood
Workman
Y Yeargin 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:

WEDNESDAY, FEBRUARY 10, 1988

895

HB 1267.

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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.

The President has appointed on the part of the Senate the following: Senators Starr of the 44th, Allgood of the 22nd and Kennedy of the 4th.

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

HB 1364. By Representatives Walker of the 85th and Brown of the 88th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Anno tated, known as the "Amusement Ride Safety Act," so as to change the provisions relating to liability insurance.

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

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

HB 1241. By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to pro vide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

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 619. By Representatives Alford of the 57th, Athon of the 57th, Dobbs of the 74th, Carrell of the 65th, Mobley of the 64th and others:
A resolution creating the Big Haynes and Alcovy Watershed Protection Study Committee.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Big Haynes and Alcovy Watershed Protection Study Committee; and for other purposes.
WHEREAS, the availability of an adequate water supply is essential to the citizens of this state; and
WHEREAS, recent drought conditions in the State of Georgia have demonstrated the need to protect water resources and to use available resources wisely; and

896

JOURNAL OF THE HOUSE,

WHEREAS, a careful study should be made of the conditions in the Big Haynes and Alcovy Watershed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Big Haynes and Alcovy Watershed Protection Study Committee to be composed of six members of the House of Representatives to be appointed by the Speaker of the House of Representatives and two members of the Senate to be appointed by the President of the Senate. All members of the committee shall come from the membership of the House and Senate whose districts include, or partially include, Gwinnett, Newton, Rockdale, or Walton counties. Not more than three members of the committee shall reside within any one of such counties. 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 not receive the allowances authorized for legislative members of interim legislative committees. 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 31, 1988. The committee shall stand abolished on Decem ber 31, 1988.

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 Adama.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 Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark,B Y Clark.H
Clark,L Y Colbert

Coleman Y Colwell
Y ConneU Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Davis.G 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 Hanner Y Harris Y Hasty
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
Langford Y Lawler
Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Y Martin YMcCoy Y McDonald
Y McKelvey Y McKinney
Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore YMorton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M 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 Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson
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 YSmyre
YSnow Y Stand) Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend
Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Wffliams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

WEDNESDAY, FEBRUARY 10, 1988

897

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.

HB 1297.

By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Administrative Services, so as to change certain provisions relating to the provision of administrative services to local political subdivisions; to provide for a reserve fund to be used for the purchase of certain equipment.

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
Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefleld
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert

Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty
Heard Y Hensley Y Herbert Y Holcomb

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
Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y 01iver,M 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 Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod
Simpson 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 Tolbert Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts White Wilder
Y Williams.B Williams.J
Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1536. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money, extend, renew or refinance credit, or forbear from collecting money lent be in writing.

The following Committee substitute was read and adopted:

898

JOURNAL OF THE HOUSE,

A BILL
To amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Anno tated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money be in writing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Anno tated, relating to agreements required to be in writing, is amended by striking Code Section 13-5-30, relating to certain specific agreements required to be in writing, and inserting in lieu thereof a new Code Section 13-5-30 to read as follows:
"13-5-30. To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person law fully authorized by him:
(1) A promise by an executor, administrator, guardian, or trustee to answer dam ages out of his own estate;
(2) A promise to answer for the debt, default, or miscarriage of another; (3) Any agreement made upon consideration of marriage, except marriage articles as provided in Article 3 of Chapter 3 of Title 19; (4) Any contract for sale of lands, or any interest in, or concerning lands; (5) Any agreement that is not to be performed within one year from the making thereof; (6) Any promise to revive a debt barred by a statute of limitationT; and (7) Any commitment to lend money."
Section 2. This Act shall become effective on July 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 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
Alford Y Alien Y Athon
Y Atkins Bailey Balkcom
Y Bannister Y Bargeron
N Barnett,B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Brooks
N Brown Y Buck
Y Buford Y Byrd Y Carrell Y Carter
Chambless Y Chance

N Cheeks
Y Childers Clark.B
Y Clark.H Clark.L
Y Colbert Coleman
Y Colwell Y Connell Y Couch Y Cox Y Crawford
Y Crosby Y Cummings.B
Cummings.M 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 Heard
Y Hensley Y Herbert
Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Johnson.D
Y Johnson.R Kilgore
Y Kingston Y Lane.D
N Lane.R Langford
Y Lawler Y Lawrence
Y Lawson Y Lee

Y Linder
Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham 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
Y Ray Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman
N Shepard Y Sherrod
Y Simpson Y Sinkfield
Y Sizemore Y Smith.L Y Smith,P
Smith.T
Y Smith,W Y Smyre

WEDNESDAY, FEBRUARY 10, 1988

899

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

Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet!

YTwiggs Y Waddle Y Waldrep
Walker.C
Y Walker,L YWall

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

Y Williams,J Y Wilson YWood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1509.

By Representatives Oliver of the 53rd and Chambless of the 133rd:
A bill to amend Code Section 19-9-42 of the Official Code of Georgia Anno tated, relating to definitions relating to child custody, so as to change the definition of custody proceedings to include adoption proceedings and to change the definition of state to include foreign countries.

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

Y Aaron Adams.G Adams,M
Y Aiken Y Alford
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 Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L Y Colbert

Coleman Y Colwell Y Connell
Y Couch YCoj Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Diion
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 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 YLong
YLord Lucas
Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore
YMorton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M 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 YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

On the passage of the Bill, the ayes were 161, 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
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Tolbert 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 YWood Y Workman
Y Yeargin Murphy.Spkr

HB 1523. By Representative Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Anno tated, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, so as to provide for process servers within the battalion.

900

JOURNAL OF THE HOUSE,

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

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

Coleman Y Colwell Y Connell Y Couch
YCoi Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.G
Davis.M Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham
Griffin Y Groover
Y Hamilton Y Manner
Y Harris Y Hasty 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 YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody
Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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
Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson 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 Smyre
Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend
Y Triplet! Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L
Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Wilson
Y Wood Y Workman
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 161, 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 amendment thereto:

HB 1421.

By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others:
A bill to amend the charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to change the provisions relating to the Board of Tax Assessors for the consolidated government.

The following Senate amendment was read:

Amend HB 1421 by adding a period at the end of line 20 of page 1 immediately following the word "Council", and by striking from lines 21 through 24 of page 1 the following:
"provided, however, that no full-time employee of the consolidated government, other than the Chief Appraiser, shall be allowed to serve on said Board of Tax Assessors.".

WEDNESDAY, FEBRUARY 10, 1988

901

Representative Buck of the 95th moved that the House agree to the Senate amend ment to HB 1421.
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 Senate's insistence on its position in substituting the same:

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Anno tated, relating to definitions concerning public utilities and public trans portation, so as to change certain provisions relating to the definition of the term "motor common carrier and motor contract carrier".

Representative Watson of the 114th moved that the House insist on its position in disagreeing to the Senate substitute to HB 743 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Watson of the 114th, Pettit of the 19th and Kilgore of the 42nd.

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

HB 713. By Representative Moultrie of the 93rd:
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 the filing of liens created pursuant to Section 107(f)(3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.

Representative Moultrie of the 93rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 713 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 Moultrie of the 93rd, Dunn of the 73rd and Thomas of the 69th.

The following Resolution of the House was read and adopted:

HR 782. By Representatives Edwards of the 112th, Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th and Groover of the 99th:
A resolution congratulating Hallie Ward Edwards.

902

JOURNAL OF THE HOUSE,

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1619 Do Pass HB 1636 Do Pass
Respectfully submitted, hi Childers of the 15th
Chairman

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

Mr. Speaker:

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

HB 1312 Do Not Pass HB 1590 Do Pass HB 1622 Do Pass HB 1623 Do Pass

HB 1494 Do Pass HB 1671 Do Pass, by Substitute HB 1527 Do Pass, by Substitute

Respectfully submitted, hi Ware of the 77th
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 House and has instructed me to report the same back to the House with the following recommendations:

HB 1123 Do Pass, by Substitute
HB 1355 Do Pass, by Substitute HB 1540 Do Pass HB 1549 Do Pass

HB 1598 Do Pass HB 1631 Do Pass, as Amended HB 1639 Do Pass

Respectfully submitted, hi Thomas of the 69th
Chairman

Representative Smith of the 152nd District, Vice-Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

WEDNESDAY, FEBRUARY 10, 1988

903

SB 582 Do Pass

Respectfully submitted, /s/ Smith of the 152nd
Vice-Chairman

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1394 Do Pass, by Substitute HB 1261 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
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 announced the House adjourned until 10:00 o'clock, tomorrow morning.

904

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 11, 1988

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 Dewey E. Boyd, Pastor, Tunnel Hill Baptist Church, Tunnel Hill, 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 1703. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change certain provisions relating to expense allowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1704. By Representative Moultrie of the 93rd: A bill to amend Code Section 19-6-27 of the Official Code of Georgia Anno tated, relating to alimony and child support and foreign divorce decrees, so as to authorize actions by spouses for alimony and child support after a divorce action under certain conditions.
Referred to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 11, 1988

905

HB 1705. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act known as the "Cobb County Civil Service System Act," so as to provide for a classified and unclassified service; to provide for adoption of a classification plan; to provide that upper managerial and upper supervisory positions shall be in the unclassified service.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1706. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder 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 provide for an executive secretary to the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1707. By Representatives Birdsong of the 104th, Crawford of the 5th and Waldrep of the 80th:
A bill to amend Code Section 45-16-6 of the Official Code of Georgia Anno tated, relating to participation in a coroner's training course, so as to provide that any coroner taking a required training course shall receive an expense allowance and travel reimbursement.
Referred to the Committee on Public Safety.

HB 1708. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Mansfield.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1709. By Representative Branch of the 137th:
A bill to create the Ben Hill County Public School System by merging and consolidating the county school system of Ben Hill County and the inde pendent school system of the City of Fitzgerald; to create the board of edu cation for the Ben Hill County Public School System.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1710. By Representative Sizemore of the 136th:
A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1711. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to provide that future school superintendents of the Houston County School District shall be appointed by the board of education rather than elected.
Referred to the Committee on State Planning & Community Affairs - Local.

906

JOURNAL OF THE HOUSE,

HB 1712. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Houston County during desig nated registration periods as provided in Code Section 40-2-20.1.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1713. By Representative Phillips of the 120th:
A bill to provide for the appointment of the chief magistrate of the Magis trate Court of Montgomery County by the governing authority of Montgomery County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1714. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Anno tated, relating to the certification by the State Board of Education of profes sional personnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal.
Referred to the Committee on Education.

HB 1715. By Representative Ransom of the 90th:
A bill to amend Code Section 36-68-3 of the Official Code of Georgia Anno tated, relating to mandatory features of enabling local law pertaining to governmental reorganization, so as to provide that the effectiveness of such governmental reorganization shall be contingent upon its approval by a majority of the voters voting in the unincorporated area of the applicable county excluding the voters of the affected municipality.
Referred to the Committee on State Planning & Community Affairs.

HB 1716. By Representative Lawler of the 20th:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financial calculations under the "Quality Basic Education Act," so as to change the provisions relating to full-time equivalent program counts; to change the provisions relating to the annual recalculation of the amount of funding.
Referred to the Committee on Education.

HB 1717. By Representative Thomas of the 69th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Anno tated, relating to probation and suspension of sentences, generally, so as to provide for transferring certain probationers from one judicial circuit to another.
Referred to the Committee on Judiciary.

HB 1718. By Representative Parrish of the 109th:
A bill to amend an Act providing a board of elections of Emanuel County, so as to provide for an additional member of the board and provide for the designation of the chairman of that board.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 11, 1988

907

HR 780. By Representatives Sinkfield of the 37th, Dover of the llth, Benn of the 38th and Heard of the 43rd:
A resolution creating the House Paraprofessional Teacher Assistants and Education Secretaries Study Committee.
Referred to the Committee on Rules.

HR 783. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.
Referred to the Committee on Health & Ecology.

HR 785. By Representatives Benn of the 38th and Sinkfield of the 37th: A resolution creating the Joint Medicaid 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 1676 HB 1677 HB 1678 HB 1679 HB 1680 HB 1681 HB 1682
HB 1683
HB 1684
HB 1685

HB 1698 HB 1699 HB 1700 HB 1701 HB 1702 HR 776 HR 777
u"D TIQ
TMTM
TM 7|

HB 1686
HHBB 11668878 HB 1689 HB 1692 HB 1693 HB 1694 HB 1695 HB 1696 HB 1697

gg

gg^

SQBQ 4.,0-0,,

6B 403

bB 406

SB 528

SB 548

SB 560

SB 577

SB 593

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1546 Do Pass, by Substitute SB 576 Do Pass, as Amended

908

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Ware of the 77th
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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1550 Do Pass HB 1635 Do Pass

SB 334 Do Pass SB 492 Do Pass, as Amended

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 Bills and Resolu tions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1675 Do Pass HR 762 Do Pass

SB 419 Do Pass SR 247 Do Pass

Respectfully submitted, /s/ 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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 494 Do Pass HB 1674 Do Pass

HB 1701 Do Pass HB 1702 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:

THURSDAY, FEBRUARY 11, 1988

909

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 1652 Do Pass HB 1653 Do Pass HB 1654 Do Pass HB 1658 Do Pass HB 1659 Do Pass

HB 1663 Do Pass HB 1664 Do Pass HB 1666 Do Pass HB 1672 Do Pass SB 506 Do Pass

Respectfully submitted, M Adams of the 36th
Chairman

Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1665 Do Pass, by Substitute HR 747 Do Pass
Respectfully submitted, /s/ Triplett of the 128th
Chairman

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

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1339 Do Pass, by Substitute HB 1455 Do Pass

HB 1463 Do Pass, by Substitute HB 1472 Do Pass, by Substitute

Respectfully submitted, /s/ Wilson of the 20th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 11, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 23rd Legislative Day as enumerated below:
HB 751 Motor Vehicles: Seat Belt Requirement HB 1278 Boards of Equalization: Selection of Membership HB 1294 Child Custody: Visitation Rights: Address Requirement

910

JOURNAL OF THE HOUSE,

HB 1355 Child Abuse: Reporting by Certain Persons HB 1414 State Commission on Compensation: Salary of Members HB 1456 Medical or Dental License: Appeal of Contested Case HB 1475 Handicapped Parking: Enforcement: Appt. of Certain Persons HB 1492 Insurer: Definition Include Health Insurance Plan HB 1497 Automatic Telephone Numbers: Per-Call Charge: Restrictions HB 1535 Fiscal Affairs Subcommittee: Approval of Cert. Leases HB 1539 Education: Development Programs: Stipends HB 1540 Waycross Judicial Circuit: Terms HB 1570 Motor Vehicle Insurance: Restricted Driving Permits HB 1576 Pressure Vessels: Storage of Propane Gas: Certain Exemption HB 1598 Health Records: Falsification: Prohibitions HB 1619 Psychology: License Requirements HB 1636 Dangerous Drugs: Amend List
HR 746 Relative to Certain State Property
SB 449 Tiger Swallowtail: State Butterfly: Designate SB 475 Community Affairs, Dept. of: Continuation
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 1658.

By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th, Thompson of the 20th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to provide that the city shall levy and collect an additional tax of not more than one mill on all real and personal property within 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 1663. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to provide for election of the chairman and the members of the board of education of Jefferson 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 1664. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, so as to provide for an expense allowance for the chairman and other members of the board.

THURSDAY, FEBRUARY 11, 1988

911

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

HB 1666.

By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exer cise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

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

By unanimous consent, HB 1666 was ordered immediately transmitted to the Senate.

HB 1672. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.

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

SB 506. By Senator McKenzie of the 14th:
A bill to repeal an Act establishing the State Court of Macon County, as amended, so as to abolish the State Court of Macon County; to provide for the transfer of all pending civil and criminal cases to the Superior Court of Macon County; to provide for the disposition of all suits, cases, papers, proc esses, books, indexes, and all other matters and materials 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.

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

HB 1652.

By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead.

912

JOURNAL OF THE HOUSE,

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

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

Coleman Colwell Connell Y Couch YCox Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.G
Davis.M
Y Dixon Dobbs
Y Dover Dunn
Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin
Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty
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
Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

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

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

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1653.

By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Lawrenceville actually occupied by the owner as a residence and homestead.

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 Barnett,M
YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch
Brooks Y Brown YBuck

Buford YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark.L Y Colbert

Coleman Colwell Connell Y Couch YCox Y Crawford Crosby Y Cummings,B Y Cummings.M Y Davis.G Davis.M Y Dixon

Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin
Green Y Greene

THURSDAY, FEBRUARY 11, 1988

913

Greer Y Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris Y Hasty 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
Linder YLong YLord Y Lucas
Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney
Y Meadows YMilam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham
Parrish Patten Peters Y Pettit Y Phillips Y Pinkston Y Pittman Porter
Y Powell Prichard Rainey
Y Ramsey.T Y Ramsey.V
Randall Y Ransom

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

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

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1654.

By Representative Mobley of the 64th:
A bill to provide that each resident of the Barrow 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 $15,000.00 per annum shall be granted an exemption from all Barrow County School District taxes not exceeding $15,000.00 of the assessed value of such person's homestead.

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
Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop
Y Bostick Y Branch
Brooks Y Brown YBuck
Buford YByrd Y Carrell Y Carter

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

Y Godbee
Y Goodwin Green
Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty 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
Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney
Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie
Mueller Y Oliver.C

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

914

JOURNAL OF THE HOUSE,

Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith.P Smith.T

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

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

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

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

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1659.

By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to provide that each resident of the Cherokee 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 $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bishop Y Bostick
Y Branch Brooks
Y Brown YBuck
Buford YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Y Clark,B
Y Clark,H Y Clark.L Y Colbert

Coleman Colwell Connell Y Couch
YCox Y Crawford
Crosby Y Cummings.B Y Cummings.M
Y Davis.G Davis.M
Y Dixon Dobbs
Y Dover Dunn
Y Edwards Y Felton
Y Floyd Y Foster
Y Galer Y Godbee Y Goodwin
Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty 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
Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey McKinney
Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

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

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

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

THURSDAY, FEBRUARY 11, 1988

915

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

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

HB 1551. By Representative Royal of the 144th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solic itor of said court.

HB 1556.

By Representatives Selman of the 32nd, Couch of the 40th and Lane of the 27th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Anno tated, relating to the maximum amount of insurance that a farmers' mutual fire insurance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk.

HB 1595. By Representative Moultrie of the 93rd:
A bill to amend an Act creating the board of commissioners of Harris County, so as to change the compensation and expenses of the chairman and the other members of the board.

HB 106. By Representatives Reaves of the 147th and Bostick of the 138th:
A bill to amend Code Section 47-6-70 of the Official Code of Georgia Anno tated, relating to creditable service under the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly.

HB 912. By Representatives Smith of the 156th, Langford of the 7th, Dover of the llth, Hays of the 1st and Shepard of the 71st:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and taking seafood under the "Game and Fish Code", so as to change the provisions relating to bonds and recov ery on bonds for certain commercial fishing violations; to provide that certain unlawful commercial shrimping shall be a misdemeanor of a high and aggra vated nature and to provide certain minimum punishment therefor.

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 Anno tated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light.

HB 1203. By Representative Ramsey of the 3rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.

916

JOURNAL OF THE HOUSE,

HB 1239. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Childers of the 15th:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Anno tated, relating to administrative hearings and appeals by the Board of Medi cal Assistance, so as to authorize the commissioner of medical assistance to remand, reverse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals proce dures for applicants for and recipients of medical assistance.

HB 1244. By Representatives Cox of the 141st, Bargeron of the 108th, Greene of the 130th and Lord of the 107th:
A bill to amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fish ing licenses issued to blind persons.

HB 1345. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-483 of the Official Code of Georgia Anno tated, relating to meetings of boards of directors, quorum, committees, and acting without meeting, so as to authorize the department to reduce the fre quency of required meetings of the board of directors.

SB 533. By Senator Coverdell of the 40th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.

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

HB 775. By Representative Ramsey of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of certain quantities of oil or hazardous material.

HB 1298. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Anno tated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a popu lation of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

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

THURSDAY, FEBRUARY 11, 1988

917

HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of education to vary the length of school years under certain circum stances.

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

SR 274. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose; to provide for the submission of this amendment for ratification or rejection.

HR 764. By Representatives Johnson of the 123rd, Cox of the 141st, Reaves of the 147th, Couch of the 40th, and Kilgore of the 42nd:
A resolution relative to the "Good Eating in Georgia" menu.

HR 779. By Representative Murphy of the 18th: A resolution designating February 11, 1988, as "Senior Georgians' Day".

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

SB 533. By Senator Coverdell of the 40th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on Ways & Means.

SR 274. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Appropriations.

The Speaker Pro Tern assumed the Chair.

918

JOURNAL OF THE HOUSE,

Representative Milford of the 13th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 414. By Representatives Martin of the 26th and Orrock of the 30th:
A bill to amend Code Section 34-9-265 of the Official Code of Georgia Anno tated, relating to liability for compensation under workers' compensation provisions for death resulting from causes other than injury and payment of compensation for death resulting from injury, so as to delete provisions limit ing compensation according to the residence of certain dependents.

The motion prevailed.

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

HR 784. By Representative White of the 132nd:
A resolution inviting Sandy Ann White, 1987 Georgia Occupational Award of Leadership (GOAL) recipient to appear before the House of Representatives.

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 1492.

By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer.

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

Aaron YAdams.G Y Adams.M
Aiken
Y Alford Alien
Y Athon Y Atkins
Bailey Y Balkcom
Y Bannister Y Bargeron YBarnett,B Y Barnett,M Y Beck
Benefield Y Benn
Birdsong Bishop Y Bostick Y Branch Y Brooks
Y Brown Y Buck YBuford YByrd
Carrell

Y Carter Y Chambless
Chance Y Cheeks
Y Childers Clark.B Clark,H
Y Clark.L
Y Colbert Y Coleman
Y Colwell Connell
Y Couch Y Cox Y Crawford
Crosby Y Cummings.B
Y Cummings,M 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 Y Groover
Y Hamilton Manner
Y Harris Y Hasty Y Heard Y Hensley Y Herbert
Holcomb Y Holmes Y Hooks
Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D
Johnson,R

Y Kilgore Y Kingston Y Lane,D
Lane.R
Y Langford Y Lawler Y Lawrence Y Lawson
Lee Linder
Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver,M Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Peters
Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Y Powell Prichard Rainey
Y Ramsey,T Y Ramsey.V
RandaU Y Ransom Y Ray Y Reaves
Redding

THURSDAY, FEBRUARY 11, 1988

919

Y Richardson Y Ricketson Y Robinson 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 Y Snow
Y Stancil Y Stanley

Y Steinberg Stephens Thomas.C Thomas ,M
Y Thompson Thurmond
Y Tolbert 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 Y Wilson
Y Wood Y Workman Y Yeargin
Murphy ,Spkr

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

HB 1598. By Representatives Waldrep of the 80th, Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Robinson of the 96th:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to prohibit the destruction, alteration, or falsification of certain records.

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

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

Y Coleman Y Colwell
Connell
Couch YCox Y Crawford Y Crosby Y Cummings,B
Cummings.M 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
Hanner Y Harris Y Hasty Y Heard Y Hensley
Herbert
Holcomb

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

Y Mostiler Moultrie
Y Mueller
Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson 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 Y Stancil Y Stanley Y Steinberg
Stephens Thomas.C Thomas.M Y Thompson Thurmond Y Tolbert
Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.

920

JOURNAL OF THE HOUSE,

HB 1414.

By Representative Beck of the 148th:
A bill to amend Code Section 45-7-92 of the Official Code of Georgia Anno tated, relating to oath, salary, expenses, and meetings of members of the State Commission on Compensation, so as to change the salary of the mem bers of the commission.

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

Aaron Y Adams.G Y Adams.M
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 Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Chance
Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L
Colbert

Y Coleman Y Colwell
Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
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
Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y 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 Y Lawler Y Lawrence Y Lawson
Lee Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was

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

HB 1576.

By Representative Workman of the 51st:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Anno tated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to exempt pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal.

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

THURSDAY, FEBRUARY 11, 1988

Y Benefield Benn Birdsong Bishop
Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance
Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark,L Y Colbert Y Coleman Y Colwell
Connell
Y Couch YCox Y Crawford
Crosby
Y Cummings,B Y Cummings.M 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
Gresham Y Griffin
Y Groover
Y Hamilton
Y Manner
Y Harris Y Hasty 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
Kingston Y Lane.D
Lane,R Y Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y Orrock

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

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

921
Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg
Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

HB 1570.

By Representative Crawford of the 5th:
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 restricted driving permits; to provide conditions under which such permits may be issued; to provide for revocation of 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 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
Birdsong Y Bishop Y Bostick Y Branch Y Brooks

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

Cummings.M Y Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Edwards Y Felton
Y Floyd Y Foster YGaler Y Godbee Y Goodwin
Green Y Greene
Y Greer Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty 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 Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence

Y Lawson
YLee Y Linder Y Long YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Y Moultrie

922

JOURNAL OF THE HOUSE,

Y Mueller Y Oliver.C
Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinks ton 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

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

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

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

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

HB 1619.

By Representatives Orrock of the 30th and Childers of the 15th:
A bill to amend Code Section 43-39-8 of the Official Code of Georgia Anno tated, relating to application for license to practice psychology, so as to change certain license requirements.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Birdsong Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B
Y Clark,H Y Clark.L Y Colbert

Coleman Y Colwell
Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Godbee Y Goodwin N Green
Y Greene Greer
N Gresham Y Griffin
Y Groover Y Hamilton Y Banner Y Harris
Y Hasty Y Heard Y Hensley
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
Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore
Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten
Peters Y Pettit Y 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 Y Royal
Y Selman N Shepard Y Sherrod Y Simpson
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
Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C
W WafllilKrQerr,Lf i
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 Murphy.Spkr

THURSDAY, FEBRUARY 11, 1988

923

On the passage of the Bill, the ayes were 143, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1285.

By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

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

SB 449. By Senators Kennedy of the 4th, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallowtail as the official state butterfly; to provide for related matters.

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

Y Aaron YAdams,G
YAdams,M YAiken Y Alford Y Alien YAthon
Y Atkins Y Bailey
YBalkcom Y Bannister YBargeron
YBarnett,B YBarnett,M YBeck YBenefield YBenn
Birdsong Y Bishop
YBostick Y Branch Y Brooks Y Brown YBuck YBuford YByrd YCarrell Y Carter
YChambless Chance

Y Cheeks Y Childers
Y Clark.B Y Clark.H YClark,L YColbert YColeman
Y Coiwell Connell
Y Couch Y Cox
Crawford
Y Crosby Y Cummings.B YCummings,M Y Davis.G Y Davis.M
Y Dixon YDobbs
Y Dover Y Dunn Y Edwards Y Felton YFloyd 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 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 Y Lee

Y Linder Y Long
Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows
Y Milam Y Milford Y Mobley Y Moody Y Moore
Y Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Ohver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Peters

Y Pfttit Y Phillips
X TMkston X f '"man Y Porter Y Powe11 Y Prichard
* RaTMy Y Ramsey.T
Y Ramsey.V Y Kandall
Ransom
Kay Reaves Y Redding Y Richardson * Ricketson
Y Robinson Y Royal
,, of n , Y Shepard Y Sherrod Y !mpj?"
Smkfield Y bizemore Y Smith,L Y bmith,F
bmith I
Y bmith.W Smyre

924

JOURNAL OF THE HOUSE,

YSnow Y Stancil Y Stanley Y Steinberg
Stephens Thomas.C

Y Thomas.M Y Thompson
Thurmond Y Tolbert 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 Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1636. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
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 listings of con trolled substances and dangerous drugs.

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
Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford Byrd Carrell
Y Carter Chambless Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell
Connell Y Couch YCox
Crawford
Y Crosby Y Cummings.B Y Cummings.M
Y Davis.G Y 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
Gresham Y Griffin
Y Groover Y Hamilton Y Manner
Y Harris Hasty
Y Heard Y Hensley
Herbert 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
Langford Y Lawler Y Lawrence
Y Lawson YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Moody Y Moore Y Morton

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

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was

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

HB 1535.

By Representatives Murphy of the 18th, Groover of the 99th, Walker of the 115th, Lee of the 72nd, Colwell of the 4th and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, so as to require that certain leases of property by state authorities must be approved by the fiscal affairs subcommittees.

THURSDAY, FEBRUARY 11, 1988

925

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to the fiscal affairs subcommittees of the Senate and House of Representa tives, so as to require that certain leases of property by state authorities must be approved by the fiscal affairs subcommittees; 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 5 of Title 28 of the Official Code of Georgia Anno tated, relating to the fiscal affairs subcommittees of the Senate and House of Representa tives, is amended by adding after Code Section 28-5-25 a new Code Section 28-5-25.1 to read as follows:
"28-5-25.1. (a) No lease of property owned by a state authority shall become valid until and unless the lease is approved by the fiscal affairs subcommittees meeting jointly at the call of the Governor if such lease is a lease of land for the acquisition of which state funds were appropriated, directly or indirectly, by an appropriations Act which specified that such lease must be approved by the fiscal affairs subcommittees.
(b) The approval of any such lease shall require the affirmative votes of at least 11 members of such subcommittees meeting jointly."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
Y Adams G YAdams,M
Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey
Y Balkcom
N Bannister Y Bargeron YBarnett.B YBarnett.M Y Beck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Brooks Brown Y Buck
YBuford YByrd Y Carrell Y Carter
Y Chambless Chance
Y Cheeks
Y Childers

Y Clark.B
Clark.H Clark.L
Y Colbert
Y Coleman Y Colwell
Connell Y Couch Y Cox
Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
YGodbee YGoodwin Y Green Y Greene
Y Greer Y Gresham Y Griffin
Y Groover

Y Hamilton
Hanner Y Harris
Y Hasty
Y Heard 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
Lord Y Lucas Y Lupton
Mangum

Y Martin
Y McCoy McDonald
Y McKelvey
McKinney Y Meadows
Y Milam Milford
Y Mobley
Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y 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
Y Rainey

Y Ramsey.T
Y Ramsey.V Y Randall
Y Ransom
Ray Y Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson
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 Y Snow Y Stancil
Y Stanley Y Stemberg
Stephens Y Thomas,C
Y Thomas.M Y Thompson
Thurmond
Y Tolbert

926

JOURNAL OF THE HOUSE,

YTownsend YTriplett YTwiggs Y Waddle

Y Waldrep Walker.C
YWalker.L Y Wall

Y Ware Y Watson Y Watts Y White

Wilder Y Williams.B
Williams,J Y Wilson

Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 784 Do Pass
Respectfully submitted, Is/ Lee of the 72nd
Chairman

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

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

HB 743. By Representatives Watson of the 114th and Robinson of the 58th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Anno tated, relating to definitions concerning public utilities and public trans portation, so as to change certain provisions relating to the definition of the term "motor common carrier and motor contract carrier".

The President has appointed on the part of the Senate the following: Senators Scott of the 2nd, Langford of the 35th 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 713. By Representative Moultrie of the 93rd:
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 the filing of liens created pursuant to Section 107(f) (3) of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630.

The President has appointed on the part of the Senate the following: Senators Hine of the 52nd, Peevy of the 48th and Deal of the 49th.

THURSDAY, FEBRUARY 11, 1988

927

The Speaker assumed the Chair.

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

HR 746. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to certain state property.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 746 by striking the words "a quorum" on line 27 page 3.
and inserting in lieu thereof "the membership".

The following amendment was read:

Representatives Thomas of the 31st and Davis of the 29th move to amend HR 746 by adding a subsection (10) on Page 3, Line 24, to read as follows:
"All persons owning real property and businesses which are relocated shall be compen sated at 100% of the cost for relocation to another site.".

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 N Atkins N Bailey N Balkcom N Bannister N Bargeron
Barnett,B N Barnett.M NBeck N Benefield
Benn
N Birdsong Y Bishop
Boatick N Branch Y Brooks Y Brown NBuck N Buford NByrd N Carrell N Carter
Chambless Chance
N Cheeks N Childers Y Clark.B N Clark.H Y Clark.L Y Colbert

N Coleman N Colwell N Connell N Couch YCox
N Crawford N Crosby N Cummings,B Y Cummings,M Y Davis.G N Davis.M N Dixon N Dobbs N Dover NDunn N Edwards
Felton N Floyd N Poster N Galer
God bee N Goodwin
Green Y Greene N Greer N Gresham N Griffin
N Groover N Hamilton
Hanner N Harris N Hasty N Heard N Hensley N Herbert N Holcomb

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

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

On the adoption of the amendment, the ayes were 33, nays 123.

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

928

JOURNAL OF THE HOUSE,

The amendment was lost.

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 Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark,L Y Colbert

Y Coleman
Y Colwell Y Connell Y Couch YCoi
Y Crawford Y Crosby Y Cumming8,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Y Dxinn Y Edwards Y Felton Y Floyd Y Foster YGaler
God bee Y Goodwin
Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty 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 McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley
Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Paiham Y Parrish Y Patten
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 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 Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L
N Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 166, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

HR 784. By Representative White of the 132nd:
A resolution inviting Sandy Ann White, 1987 Georgia Occupational Award of Leadership (GOAL) recipient to appear before the House of Representatives.

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

HB 751. By Representatives Lane of the 27th and Bostick of the 138th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehi cles, so as to require certain persons in certain vehicles to use seat belts.

THURSDAY, FEBRUARY 11, 1988

929

The following Committee substitute was read:

A BILL
To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain per sons in certain vehicles to use seat safety belts; to provide a definition; to provide excep tions; to provide that a failure to use seat safety belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages and shall not be a basis for cancellation of insurance coverage or an increase in insurance rates; to pro vide a limitation on the enforcement of the requirement to use seat safety belts; to provide that the failure to use a seat safety belt shall not under certain circumstances be a crime; to provide for a warning and for encouraging the use of a seat safety belt; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, is amended by adding immediately following Code Section 40-8-76 a new Code Section 40-8-76.1 to read as fol lows:
"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 safety 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; (7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier; or (8) A passenger vehicle from which a person is delivering newspapers. (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 any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a passenger vehicle. (e) (1) Except as otherwise provided in paragraph (2) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance and shall not be issued a citation for violation of any provision of this title or any ordinance enacted pursuant thereto. Such person shall be warned that the failure to use a seat safety belt is dangerous to the person's safety and such person shall be encouraged to comply with the provisions of this Code section. (2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating Code Section 40-6-181, Code Section

930

JOURNAL OF THE HOUSE,

40-6-186, Code Section 40-6-271, Code Section 40-6-390, Code Section 40-6-391, Code Section 40-6-393, Code Section 40-6-394, or Code Section 40-6-395 shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 15th moved that debate on HB 751 be limited to five minutes per speaker, excluding the final twenty minutes.

Representative Bostick of the 138th moved that debate on HB 751 be limited to ten minutes per speaker.
The Bostick substitute motion prevailed.

The following amendment was read:

Representative Cheeks of the 89th moves to amend the Committee substitute to HB 751 as follows:
By adding "and convicted" after the word "charged" on Line 23 , Page 3.

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

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

N Holmes N Hooks
Y Hudson N Isakson N Jackson,J N Jackson, W
N Jamieson Y Johnson,D
N Johnson.R Y Kilgore N Kingston N Lane.D Y Lane,R Y Langford N Lawler N Lawrence
N Lawson NLee N Under
N Long NLord Y Lucas N Lupton Y Mangum N Martin N McCoy N McDonald Y McKelvey Y McKinney Y Meadows N Milam
Y Milford N Mobley
Y Moody Y Moore N Morion

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

On the adoption of the amendment, the ayes were 72, nays 94.

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

THURSDAY, FEBRUARY 11, 1988

931

The amendment was lost.

The following amendment was read:

Representative Cheeks of the 89th moves to amend the Committee substitute to HB 751 as follows:
On Lines 29 and 30, Page 3, change the words "may be fined not more than $15.00." to read "May not be fined for not wearing a seat safety belt.".

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
Bargeron N Barnett,B N Barnett,M NBeck N Benefleld
Benn N Birdsong N Bishop N Bostick Y Branch Y Brooks Y Brown NBuck
N Buford YByid N Carrell N Carter N Chambless Y Chance Y Cheeks N Childers N Clark.B N Clark.H N Clark.L N Colbert

Y Coleman
Y Colwell N Connell Y Couch NCox
Crawford Y Crosby N Cummings,B
Cummings.M Y Davis.G Y Davis.M
Dixon N Dobbs Y Dover NDunn Y Edwards N Felton N Floyd Y Foster NGaler
N Godbee N Goodwin Y Green
N Greene N Greer
Gresham Y Griffin N Groover N Hamilton Y Manner Y Harris N Hasty N Heard N Hensley N Herbert N Holcomb

N Holmes Y Hooks
Y Hudson N Isakson N Jackson,,! N Jackson, W Y Jamieson Y 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 NLong
NLord Lucas
N Lupton Y Mangum N Martin N McCoy N McDonald N McKelvey N McKinney Y Meadows NMilam N Milford N Mobley Y Moody Y Moore Y Morton

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

On the adoption of the amendment, the ayes were 50, nays 118. The amendment was lost.

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

The following amendment was read:

Representative Cheeks of the 89th moves to amend the Committee substitute to HB 751 as follows:
On Line 30, Page 3, change "$15.00" to "$5.00".

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

N Aiken
N Alford N Alien

N Athon
N Atkins N Bailey

N Balkcom
N Bannister Bargeron

N Barnett,B N Barnett,M NBeck

932

JOURNAL OF THE HOUSE,

N Benefield
NBenn Y Birdsong N Bishop N Bostick Y Branch Y Brooks Y Brown NBuck N Buford YByrd N Carrell N Carter N Chambless Y Chance
Y Cheeks N Childers Y Clark.B
Y Clark.H N Clark.L N Colbert Y Coleman Y Colwell N Connell Y Couch YCox Y Crawford Y Crosby N Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon

N Dobbs Y Dover YDunn Y Edwards
N Felton N Floyd Y Foster N Galer N Godbee N Goodwin
Y Green Y Greene N Greer
Gresham Y Griffin N Groover
N Hamilton Y Hanner Y Harris N Hasty N Heard N Hensley N Herbert N Holcomb N Holmes Y Hooks Y Hudson N Isakson N Jackson,J N Jackson.W Y 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
Lucas N Lupton Y Mangum N Martin
N McCoy N McDonald
N McKelvey N McKinney Y Meadows NMilam Y Milford N Mobley Y Moody Y Moore Y Morton N Mostiler N Moultrie N Mueller Y Oliver.C N Oliver.M N Orrock

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

On the adoption of the amendment, the ayes were 61, nays 110. The amendment was lost.

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

The following amendment was read:

Representative Dunn of the 73rd moves to amend the Committee substitute to HB 751 as follows:
On Line 29, Page 3, by striking the word "and,"; by striking the word "thereof,"; and by adding the following after the word "conviction": "of the violation or violations cited above".

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 N Aiken N Alford Y Alien N Athon
N Atkins N Bailey N Balkcom N Bannister Y Bargeron Y Barnett.B N Barnett,M NBeck N Benefield N Benn
N Birdsong N Bishop N Bostick
Y Branch

Y Brooks Y Brown NBuck N Buford
YByrd N Carrell N Carter N Chambless N Chance Y Cheeks N Childers Y Clark.B Y Clark,H
N Clark,L N Colbert N Coleman Y Colwell N Connell Y Couch NCox
Y Crawford

Y Crosby Y Cummings.B Y Cummings.M
N Davis.G Y Davis.M
Y Dixon N Dobbs Y Dover Y Dunn Y Edwards N Felton
N Floyd Y Foster
N Galer N Godbee N Goodwin
Y Green Y Greene N Greer
Gresham
Y Griffin

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

Y Lane.R Y Langford N Lawler
N Lawrence N Lawson
NLee N Linder N Long NLord Y Lucas N Lupton Y Mangum N Martin
N McCoy N McDonald Y McKelvey
Y McKinney Y Meadows N Milam Y Milford N Mobley

THURSDAY, FEBRUARY 11, 1988

933

Y Moody Y Moore
YMorton N Mostiler N Moultrie N Mueller YOliver.C N Oliver.M N Orrock YPadgett N Pannell Y Parham Y Parrish N Patten
Peters

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

N Richardson N Ricketson
N Robinson N Royal
Selman N Shepard N Sherrod N Simpson N Sinkfield N Sizemore Y Smith.L N Smith.P Y Smith.T N Smith,W N Smyre

N Snow N Stancil
Y Stanley N Steinberg N Stephens Y Thomas,C Y Thomas,M
Thompson Y Thurmond N Tolbert N Tovrasend N Triplett Y Twiggs N Waddle Y Waldrep

On the adoption of the amendment, the ayes were 71, nays 100. The amendment was lost.

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

An amendment offered by Representative Dunn of the 73rd was read and withdrawn.

The following amendment was read and adopted:

Representative Waddle of the 113th moves to amend the Committee substitute to HB 751 as follows:
By adding after paragraph (8) on Page 2, a new paragraph (9) to read as follows:
"A passenger vehicle performing an emergency service.".

The following amendment was read:

Representative Langford of the 7th moves to amend the Committee substitute to HB 751 by striking the word "charged" on Line 23, Page 3, and inserting the word "convicted" in lieu thereof.

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

Y Aaron Y Adams.G N 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 N Beck N Benefield
Benn N Birdsong N Bishop N Bostick Y Branch Y Brooks Y Brown N Buck
Y Buford Y Byrd
N Carrell

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

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

Y Kilgore N Kingston N Lane.D
Y Lane.R Y Langford
N Lawler N Lawrence N Lawson N Lee N Linder
N Long N Lord
Lucas N Lupton Y Mangum N Martin
N McCoy N McDonald Y McKelvey Y McKinney Y Meadows N Milam Y Milford N Mobley
Y Moody Y Moore
Y Morton

N Mostiler N Moultrie N Mueller
Y Oliver.C N Oliver.M
N Orrock Y Padgett N Pannell Y Parham Y Parrish
N Patten Peters
Y Pettit N Phillips Y Pinkston N Pittman
N Porter Y Powell Y Prichard Y Rainey N Ramsey.T Y Ramsey.V N Randall N Ransom
Y Ray Y Reaves
Y Redding

934

JOURNAL OF THE HOUSE,

N Richardson N Ricketson N Robinson Y Royal
Seknan Y Shepaid N Sherrod N Simpson N Sinkfield

N Sizemore Y Smith,L N Smith,P Y Smith,T Y Smith.W NSmyre NSnow N Stancil Y Stanley

N Steinberg
N Stephens Y Thomas.C Y Thomas,M N Thompson Y Thurmond N Tolbert N Townsend N Triplett

Y Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L
Y Wall N Ware Y Watson N Watts

On the adoption of the amendment, the ayes were 72, nays 98. The amendment was lost.

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

The following amendment was read and adopted:

Representative Bostick of the 138th, et al, move to amend the Committee substitute to HB 751 as follows:
By deleting the words "limit the liability" on line 3, page 3, and substituting in lieu thereof "be considered by the court on any question of liability" so that this phrase shall read:
"...., shall not be considered by the court on any question of liability of any person, ...".

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Committee substitute to HB 751 by adding on line 15 of page 1 after the following:
"penalty;",
the following:
"to provide an effective date;".
By adding after line 33 on page 3 the following:
"Section 2. This Act shall become effective September 1, 1988." By striking from line 1 of page 4 the number 2 and inserting in lieu thereof the number 3.

The following amendment was read:

Representative Hensley of the 20th moves to amend the Committee substitute to HB 751 by adding a new paragraph numbered (9) after line 34 of page 2 to read as follows:
(10) Any driver, or passenger, who by sworn affidavit objects to the wearing of seat belts. Said affidavit must be presented at the time of obtaining a drivers license, or the renewal of said drivers license. Such objection will be indicated on the individual's driv ers license.
Any person carrying a drivers license that is dated prior to the effective date of this act must carry said sworn affidavit in their possession until such time that the license is renewed.

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

THURSDAY, FEBRUARY 11, 1988

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

Y Coleman Y Colwell
Y Connell Y Couch NCox
Crawford Y Crosby Y Cummings.B N Cummings.M N Davis.G Y Davis.M
Dixon N Dobbs Y Dover Y Dunn Y Edwards N Felton Y Floyd Y Foster
NGaler N Godbee N Goodwin
Y Green Y Greene N Greer
Gresham
Y Griffin Y Groover N Hamilton Y Hanner Y Harris N Hasty N Heard Y 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 Y Kilgore N Kingston N Lane.D Y Lane.R Y Langford N Lawler N Lawrence N Lawson NLee
N Linder N Long NLord
Lucas N Lupton Y Mangum N Martin Y McCoy N McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford N Mobley Y Moody Y Moore N Morton

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

On the adoption of the amendment, the ayes were 79, nays 90. The amendment was lost.

935
Y Sizemore Y Smith.L Y Smith.P Y Smith.T N Smith, W NSmyre YSnow N Stancil Y Stanley N Steinberg N Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond N Tolbert N Townsend N Triplett Y Twiggs N Waddle Y Waldrep Y Walker.C N Walker.L Y Wall N Ware Y Watson Y Watts Y White N Wilder
Williams.B Y Williams,J Y Wilson N Wood N Workman
Yeargin Murphy.Spkr

The Committee substitute, as amended, was adopted.

The report of the Committee was without recommendation, by substitute.
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
N Athon Y Atkins N Bailey Y Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M YBeck Y Benefield YBenn
N Birdsong Y Bishop Y Bostick N Branch Y Brooks Y Brown YBuck N Buford NByrd

Y Carrell N Carter Y Chambless
Y Chance N Cheeks Y Childers Y Clark.B N Clark.H Y Clark.L
Y Colbert N Coleman N Colwell Y Connell N Couch NCox N Crawford N Crosby N Cummings,B N Cummings.M Y Davis.G N Davis.M N Dixon Y Dobbs N Dover N Dunn N Edwards

Y Felton Y Floyd N Foster
Y Galer Y Godbee
Y Goodwin N Green N Greene Y Greer Y Gresham N Griffin N Groover Y Hamilton N Hanner
N Harris Y Hasty
Y Heard Y Hensley Y Herbert N Holcomb Y Holmes N Hooks N Hudson Y Isakson N Jackson,J Y Jackson.W

N Jamieson Y Johnson.D
N Johnson.R N Kilgore
Y Kingston Y Lane.D N Lane.R Y Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder
YLong NLord Y Lucas Y Lupton N Mangum Y Martin Y McCoy N McDonald N McKelvey N McKinney N Meadows N Milam N Milford

Y Mobley N Moody N Moore
Y Morton Y Mostiler Y Moultrie
Y Mueller N Oliver.C Y Oliver.M Y Orrock N Padgett Y Pannell N Parham N Parrish
N Patten Peters
N Pettit Y Phillips Y Pinkston Y Pittman Y Porter N Powell N Prichard Y Rainey Y Ramsey.T Y Ramsey.V

936

JOURNAL OF THE HOUSE,

Y Randall Y Ransom N Ray
N Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selmar:

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

N Snow Y Stancil Y Stanley
Y Steinberg Y Stephens N Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert

Y Townsend Y Triplet! N Twiggs
Y Waddle Y Waldrep Y Walker.C Y Walker.L N Wall
Y Ware N Watson

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

On the passage of the Bill, by substitute, as amended, the ayes were 105, nays 71.
The Bill, having received the requisite constitutional majority, was passed by substi tute, as amended.

By unanimous consent, HB 751, by substitute, as amended, was ordered immediately transmitted to the Senate.

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.

The following amendment was read and adopted:

Representatives McDonald of the 12th and Lee of the 72nd move to amend SB 475 by striking from lines 26, 27, and 28 of page 21 the following:
"The board shall establish the compensation for the commissioner.",
and inserting in lieu thereof the following:
"The compensation of the commissioner shall be and remain the same as presently established and as hereafter fixed by Act of the General Assembly."

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
Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn

Y Birdsong
Y Bishop Y Bostick Y Branch
Y Brooks Y Brown Y Buck
Y Buford Y Byrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H

Y Clark.L
Y Colbert Y Coleman Y Colwell
Y Connell Couch
Y Cox
Y Crawford Y Crosby
Y Cummings.B Y Cummings.M 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 Y Harris Y Hasty

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

THURSDAY, FEBRUARY 11, 1988

937

Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney
Y Meadows Y Milam Y Milford

Y Mobley Y Moody Y Moore
YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
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
Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Selman
Y Shepard Y Sherrod

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
Stephens Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Tolbert Y Townsend

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

On the passage of the Bill, as amended, the ayes were 160, nays 0.

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

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

938

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

The following Resolutions of the House were read and adopted:

HR 788. By Representative Oliver of the 121st: A resolution commending Major General (Ret.) Thurman E. Anderson.

HR 789. By Representatives Buck of the 95th, Lane of the lllth, Pinkston of the 100th, Walker of the 115th, Ramsey of the 3rd and others:
A resolution commending Georgia Public Television and Arrive Alive Georgia.

HR 790. By Representatives Galer of the 97th and Wood of the 9th:
A resolution urging the Governor's Growth Strategies Commission to recog nize the impact of veterans in developing a state economic strategy.

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 1497.

By Representatives Isakson of the 21st, Watson of the 114th, Pannell of the 122nd, Groover of the 99th, Williams of the 48th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide that advertising a telephone number which when called auto matically imposes a per-call charge or cost to the consumer, other than regular charges for long-distance telephone service, shall be an unfair or deceptive practice unless the advertisement contains certain information.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than regular charges for long distance telephone service, shall be an unfair or deceptive practice unless the advertise ment contains certain information; 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 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by striking para graph (19) of subsection (b) and inserting in its place a new paragraph (19) to read as fol lows:
"(19) Failure of the seller of a campground membership or marine membership to cancel according to the terms specified in the form described in paragraph (17) of this subsection; et".

THURSDAY, FEBRUARY 11, 1988

939

Section 2. Said Code section is further amended by striking division (b)(20)(C)(iii) and inserting in its place a new division (b)(20)(C)(iii) to read as follows:
"(iii) The debtor remains in possession of the property under a lease; or 7"
Section 3. Said Code section is further amended by adding immediately following paragraph (20) of subsection (b) a new paragraph (21) to read as follows:
"(21) Advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than a regular charge imposed for long-distance telephone service, unless the advertisement contains the name, address, and telephone number of the person responsible for the advertisement and unless the person's telephone number and the per-call charge is printed in type of the same size as that of the number being advertised."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1475. By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to provide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1475 was ordered immediately transmitted to the Senate.

HB 1539. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide limitations and procedures relating to payment of stipends for parti cipation in professional development programs.

The following amendment was read and adopted:

Representative Athon of the 57th moves to amend HB 1539 as follows: After line 2, page 4, add Section 4 to read as follows:

940

JOURNAL OF THE HOUSE,

"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 112, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of education to vary the length of school years under certain circum stances.

The following Senate amendment was read:

Amend HB 1276 by striking the date "1990" on line 1 of page 3 and inserting in its place the date "1988".

Representative Twiggs of the 4th moved that the House disagree to the Senate amendment to HB 1276.
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 1278. By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

Representative Lucas of the 102nd gave notice that at the proper time he would move
that the House reconsider its action in giving the requisite constitutional majority to HB 1278.

THURSDAY, FEBRUARY 11, 1988

941

HB 1540. By Representatives Smith of the 152nd, Crosby of the 150th, Dixon of the 151st, Moore of the 139th, Moody of the 153rd and others:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1294. By Representative Prichard of the 8th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that in cases where visitation rights have been provided to the noncustodial parent, the custodial parent shall have to provide certain information concerning the residence of the child so that the noncustodial parent may satisfy his or her visitation rights.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide that in cases where visitation rights have been pro vided to the noncustodial parent, the custodial parent shall have to provide certain written information concerning the place for pickup and delivery of the child so that the noncustodial parent may exercise such parent's visitation rights; to repeal conflicting laws; and for other purposes, purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) In any case in which a judgment awarding the custody of a minor has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the resi dence of the child.
(2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change m address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights."
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:

942

JOURNAL OF THE HOUSE,

Y Aaron Y Adams,G Y Adams.M
Aiken YAlford Y Alien Y Athon
Atkins Y Bailey Y Balkcom
Bannister
Bargeron
Bamett,B Barnett.M YBeck Y Benefield YBenn Birdsong
Bishop Y Bostick
Branch Brooks Y Brown YBuck Y Buford YByrd YCarrell Y Carter Chambless Y Chance Y Cheeks Y Childers Clark.B Y Clark.H Y Clark.L Y Colbert

Coleman Y Colwell
Connell Y Couch YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover YDunn
Edwards Felton
Y Ployd Y Foster Y Galer
Y Godbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty
Heard Y 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 Lane.D Y Lane,R
Langford Lawler Y Lawrence Y Lawson YLee Y Under Long YLord Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore YMorton

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

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

On the passage of the Bill, by substitute, the ayes were 130, nays 0.

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

HB 1456. By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Administrative Procedure Act," so as to pro vide that in contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1355. By Representatives Thompson of the 20th, Hensley of the 20th, Smyre of the 92nd, Benefield of the 72nd, Clark of the 20th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 11, 1988

943

A BILL
To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons; to change the nature and content of certain information to be contained in such report; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Any physician, including any doctor of medicine licensed to practice under Chapter 34 of Title 43, licensed osteopathic physician, intern, resident, all other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, schoolteachers and school administrators, school guidance counselors, childcare personnel, day-care personnel, child-counseling personnel, child service organization personnel, or law enforcement personnel having reasonable cause to believe that a child under the age of 18 has had physical injury or injuries inflicted upon him by a parent or caretaker by other than accidental means, has been neglected or exploited by a parent or caretaker, or has been sexually assaulted or sexually exploited shall report or cause reports to be made in accordance with this Code section; provided, however, that, when the attendance of the reporting person on a child is pursuant to the performance of services as a member of the staff of a hospital, school, social agency, or similar facility, he 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. Any other person having cause to believe that a child has had physical injury or injuries inflicted upon him by a parent or caretaker by other than accidental means, has been neglected or exploited by a parent or caretaker, or has been sexually assaulted or sexually exploited may report or cause reports to be made in accordance with this Code section. For purposes of this subsection, a child is sexually exploited when the child's parent or caretaker allows, permits, encourages, or requires such child to engage in prostitution, as defined in Code Section 16-6-9, or allows, permits, encour ages, or requires such child to engage in sexually explicit conduct for the purpose of pro ducing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100.
(c) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protect ive services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse, sexual assault, or sexual exploitation is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shallj if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

944

JOURNAL OF THE HOUSE,

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

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Lawler of the 20th arose to a point of personal privilege and addressed the House.

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

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

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provisions relating to sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.

The following Resolution of the House was read and adopted:

HR 791. By Representatives Mostiler of the 75th, Herbert of the 76th, Steinberg of the 46th, Wood of the 9th, Jackson of the 9th and others:
A resolution recognizing the 100th anniversary of Dundee Mills, Inc., of Griffin, Georgia.

Representative Groover of the 99th 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.

FRIDAY, FEBRUARY 12, 1988

945

Representative Hall, Atlanta, Georgia Friday, February 12, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Aaron Adams.G Adams,M Aiken Alford
Athon Atkins Bailey Balkcom Bannister Bargeron Barnett.B Barnett,M Beck Benefield
Benn
Birdsong Bostick Brooks Brown Buck Buford
Byrd
Carrell Carter Chambless Chance Cheeks Childers Clark.B
Clark.H
Clark,L

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

Hensley Herbert Holcomb
Holmes Hooks Hudson Isakson Jackson,J Jackson.W Jamieson
Johnson,D Johnson,R Kilgore Lane,D Lane,R Langford Lawler
Lawrence Lawson Lee Linder
Long Lord Lucas Lupton Mangum Martin McCoy
McDonald McKelvey
Meadows Milam

Mobley
Moody Morton Mostiler Moultrie
Mueller Oliver.C Oliver.M Orrock
Padgett Pannell Parrish
Patten Pettit Phillips Pinkston Pittman
Porter PoweU Prichard
Ramsey.T Ramsey.V Ransom Ray Redding
Richardson
Ricketson Robinson Royal Selman
Shepard Sherrod

Simpson Sinkfield Sizemore Smith.L Smith.P Smith.T Smith.W
Snow Stancil Stanley Steinberg Stephens Thomas.C Thomas.M Thompson Thurmond Tolbert
Townsend Triplett Waddle
Waldrep
Walker.L
Wall Ware
Watson
Wilder Williams.B
Williams,J
Wilson
Wood
Yeargin

Prayer was offered by the Reverend Marion Holladay, Pastor, Pleasant Hill Baptist Church, Gainesville, 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.

946

JOURNAL OF THE HOUSE,

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 1719. By Representatives Jamieson of the llth, Dover of the llth and McDonald of the 12th:
A bill to amend an Act creating a board of commissioners of Banks County, so as to change certain provisions relating to the election of the chairman and other members of the board and provide for staggered terms of office; to provide for the continuation in office of the current chairman and mem bers of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1720. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to make provisions for the Magistrate Court of Henry County; to pro vide for the election and qualifications of the officers of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1721. By Representatives Richardson of the 52nd, Williams of the 48th, Workman of the 51st, Alford of the 57th, Morton of the 47th and others:
A bill to provide that each resident of DeKalb County who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the home stead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the home stead of such resident.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1722. By Representative Thomas of the 69th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to provide for the corporate limits of the City of Villa Rica.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1723. By Representative Godbee of the 110th:
A bill to amend an Act creating the State Court of Jenkins County, so as to change provisions relating to the terms of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1724. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.
Referred to the Committee on Special Judiciary.

FRIDAY, FEBRUARY 12, 1988

947

HB 1725. By Representative Chance of the 129th:
A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 786. By Representatives Langford of the 7th, McCoy of the 1st, Powell of the 145th, Lane of the 27th, Foster of the 6th and others:
A resolution proposing an amendment to the Constitution to prohibit the Governor from succeeding himself in office.
Referred to the Committee on Rules.

HR 787. By Representatives Dobbs of the 74th, Coleman of the 118th, Porter of the 119th and Alford of the 57th:
A resolution re-creating the Joint Study Committee on the Handling and Disposal of Solid Waste.
Referred to the Committee on Rules.

HR 792. By Representatives Pannell of the 122nd and Triplett of the 128th:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such prop erty and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Industry.

HR 793. By Representative Goodwin of the 63rd: A resolution compensating Ms. Lorraine Strickland.
Referred to the Committee on Appropriations.

HR 794. By Representative Ramsey of the 3rd: A resolution designating the B. T. Parks Memorial Bridge.
Referred to the Committee on Transportation.

HR 795. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England.
Referred to the Committee on Appropriations.

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:

948

JOURNAL OF THE HOUSE,

HB 1726. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide that the chief judge of the State Court of Dougherty County shall designate the chief magistrate annually.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1730. By Representative Reaves of the 147th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines; to provide a short title.
Referred to the Committee on Agriculture & Consumer Affairs.

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

HB 1703 HB 1704 HB 1705 HB 1706 no i i u / HHBB 11770089
HB 1710
HB 1711
HB 1712
HB 1713

HB 1714 HB 1715 HB 1716 HB 1717 uo 1 TI Q TM HR "7J8?0
HR 783
HR 785
SB 533
SR 274

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 House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1416 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 484 Do Pass

FRIDAY, FEBRUARY 12, 1988

949

Respectfully submitted, /s/Watson of the 114th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 748 Do Pass
Respectfully submitted, /s/ Dixon of the 151st
Chairman

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

Mr. Speaker:

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

HB 1395 Do Pass HB 1476 Do Pass HB 1581 Do Pass, as Amended HB 1626 Do Pass HR 621 Do Pass HR 664 Do Pass HR 707 Do Pass HR 778 Do Pass

SB 471 Do Pass SB 472 Do Pass, by Substitute SB 473 Do Pass SB 476 Do Pass SB 502 Do Pass SB 504 Do Pass SB 546 Do Pass SR 300 Do Pass

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

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

Mr. Speaker:

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

HB 1676 Do Pass HB 1680 Do Pass HB 1682 Do Pass HB 1683 Do Pass HB 1684 Do Pass HB 1685 Do Pass

HB 1686 Do Pass HB 1687 Do Pass HB 1688 Do Pass HB 1695 Do Pass HB 1697 Do Pass HB 1698 Do Pass

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

950

JOURNAL OF THE HOUSE,

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 12, 1988

Mr. Speaker and Members of the House:

The House Committee on Rules has set the calendar for this 24th Legislative Day as enumerated below:

HB 1394 HB 1449 HB 1455 HB 1463 HB 1472 HB 1494 HB 1527 HB 1631 HB 1635 HB 1675

Firearms: Purchases, Trades or Exchanges: Dealers to Report Motor Yen. Sales Finance: Sublease Prohibitions Intangible Tax: Exempt Stock in Cert. Financial Insts. Counties: Levy Fees For Fire Protection Services Special Purpose County Sales Tax: Effective Date: Amend Prov. Insurers: Statistics and Data: Report Requirements Accident & Sickness Policies: Coverage for Adopted Children Nonprofit Corp.: Failure to File Annual Report: Penalty Superior Court Clerks: Fees: Certain Reference Surveyors: Qualifications: Amend Application

HR 721 Housing: Access To Disabled or Elderly: Urge Construction HR 755 House of Representatives: Amend Rules

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 were taken up for consider ation and read the third time:

HB 1676. By Representative Oliver of the 121st:
A bill to amend an Act providing for the election of the Board of Education of Long County, so as to provide for the election of members from singlemember education districts.

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

HB 1680. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the members of the board of commissioners other than the chairman.

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

FRIDAY, FEBRUARY 12, 1988

951

HB 1686. By Representative Pettit of the 19th:
A bill to provide a new charter for the City of Emerson; to provide for incorporation, boundaries, and powers 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 1687. By Representatives Clark of the 20th, Thompson of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County, so as to remove from the jurisdiction of such system the Director of Juvenile Court Services of the Juvenile Court of Cobb County and provide for the appointment, compensation, and other terms of employ ment for that office.

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

HB 1688. By Representatives Steinberg of the 46th, Alford of the 57th, Williams of the 48th, Lawrence of the 49th, Aaron of the 56th and others:
A bill to provide for the creation of the Lenox Park Community Improve ment District in unincorporated DeKalb County; to provide for a short title.

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

HB 1697. By Representative Ricketson of the 82nd:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the salary 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 1698.

By Representative Parrish of the 109th:
A bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the compensation of the chairman and members of that board.

952

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.

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

HB 1682. By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for each resident of the Upson County School District who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Carter Y Chambless Y Chance Cheeks
Y Childers Clark.B
Y Clark.H Y Clark.L Y Colbert

Y Coleman
Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby
Y Cummings,B Cummings,M
Y Davis.G Davis.M
Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd
Foster Y Galer
Y Godbee Goodwin Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty Y 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
Kingston Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson
Lee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Moore Y Morton

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

Y Sizemore
Y Smith.L Y Smith.P
Smith.T
Y Smith, W Y Smyre Y Snow Y Stancil Y Stanley
Steinberg Y Stephens
Y Thomas,C Y Thomas.M Y Thompson Y Thurmond
Tolbert Y Townsend
Triplett 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 Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 135, nays 0.

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

FRIDAY, FEBRUARY 12, 1988

953

HB 1683. By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, for each resident of Upson County who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bannister Y Bargeron Y Barnett,B Y Harriett,M YBeck Y Benefield
YBenn Birdsong Bishop
Y Bostick Branch
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCo* Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G
Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster Y Galer YGodbee
Good win Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Hamilton Y Hanner Y Harris Y Hasty Y 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
Kingston Y Lane,D Y Lane,R
Langford Y Lawler Y Lawrence Y Lawson
Lee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Moore Y Morton

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

Y Sizemore Y Smith.L Y Smith.P
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
Tolbert Y Townsend
Triplett 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 Y Wilson Y Wood Workman
Y Yeargin Murphy ,Spkr

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

HB 1684. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.

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

954

JOURNAL OF THE HOUSE,

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

Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.G
Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Y Floyd Foster
Y Galer
Y Godbee Goodwin Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris
Y Hasty Y 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 Kingston
Y Lane.D Y Lane.R
Langford
Y Lawler Y Lawrence
Y Lawson Lee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows Milam Milford
Y Mobley Y Moody
Moore Y Morton

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

Y Sizemore Y Smith.L Y Smith.P
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
Tolbert Y Townsend
Triplett 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 Y Wilson Y Wood Workman Y Yeargin
Murphy .Spkr

On the passage of the Bill, the ayes were 135, nays 0.

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

HB 1685.

By Representative Adams of the 79th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness.

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
Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck
Y Benefield

YBenn Birdsong Bishop
Y Bostick Branch
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance
Cheeks Y Childers

Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.G
Davis.M Y Dixon

Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster Y Galer Y Godbee
Goodwin Green Y Greene Y Greer Y Gresham Y Griffin Y Groover

Hamilton Y Hanner Y Harris Y Hasty Y 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

FRIDAY, FEBRUARY 12, 1988

955

Y Johnson.R Y Kilgore
Kingston
Y Lane,D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson
Lee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney Y Meadows
Milam Milford
Y Mobley Y Moody
Moore Y Morton
Y Mostiler Y Moultrie Y Mueller Y Oliver.C
01iver,M Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Peters

Y Pettit
Y Phillips Pinkston
Y Pittman Porter
Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V YRandall
Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman

Shepard Y Sherrod Y Simpson
Sinkfield
Y Sizemore Y Smith.L Y Smith,P
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
Tolbert

Y Townsend Triplett
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 Y Wilson Y Wood Workman Y Yeargin Murphy ,Spkr

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

HB 1695.

By Representative Carter of the 146th:
A bill to provide that the homestead of each resident of the Berrien County School District who is 62 years of age or older and who has less than $12,000 per year of specified income shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the school district, in the amount of $15,000 of the assessed value of the homestead.

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
Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck
Y Benefleld YBenn
Birdsong
Bishop Y Bostick
Branch
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance
Cheeks Y Childers

Clark,B Y Clark,H Y Clark,L Y Colbert Y Coleman
Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B
Cummings.M
Y Davis.G Davis.M
Y Dixon Y Dobbs
Y Dover YDunn Y Edwards Y Felton Y Floyd
Poster Y Galer Y Godbee
Good win Green Y Greene Y Greer Y Gresham Y Griffin Y Groover

Hamilton
Y Manner Y Harris Y Hasty Y 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
Kingston Y Lane,D
Y Lane,R Langford
Y Lawler Y Lawrence Y Lawson
Lee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum

Y Martin
YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley
Y Moody Moore
Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Peters Y Pettit Y Phillips Pinkston Y Pittman Porter Powell Y Prichard Rainey

Y Ramsey.T Y Ramsey.V YRandall
Ransom
YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith,L Y Smith.P
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
Tolbert

956

JOURNAL OF THE HOUSE,

Y Townsend 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 Y Wilson

Y Wood Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 135, 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 607. By Senator McGill of the 24th:
A bill to make provisions for the Magistrate Court of Lincoln County; to pro vide for the appointment of the chief magistrate; to provide for a statement of intent.

SB 623. By Senator Foster of the 50th:
A bill to amend an Act incorporating the City of Clayton, as amended, so as to change the provisions relating to the date of city elections.

HB 1532.

By Representatives Hamilton of the 124th, Triplett of the 128th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th and others:
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.

SB 388. By Senator Kidd of the 25th:
A bill to amend Code Section 9-14-53 of the Official Code of Georgia Anno tated, relating to a habeas corpus clerk for certain judicial circuits, so as to change the definition of the term "judicial circuit".

SB 470. By Senators Garner of the 30th, Newbill of the 56th and Crumbley of the 17th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, so as to provide that in cases where the defendant has been punished by a fine, the sentencing judge shall be authorized to allow the defendant to satisfy such fine through community service.

SB 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Anno tated, known as the "Carnival Ride Safety Act," so as to delete certain provi sions relating to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provisions relating to liability insurance.

FRIDAY, FEBRUARY 12, 1988

957

SB 571. By Senators Bowen of the 13th, Timmons of the llth and Ray of the 19th:
A bill to amend Code Section 10-4-20 of the Official Code of Georgia Anno tated, relating to the essential terms of warehouse receipts under the "Georgia State Warehouse Act," so as to authorize computer signatures on warehouse receipts; to provide an effective date.

SB 585. By Senator Peevy of the 48th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that any person who gives a false name, address, date of birth, or social security number to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity is guilty of a misdemeanor.

SB 587. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, over taking, and passing, so as to provide that it shall be unlawful for any vehicle to be driven a distance of 300 feet or more in the designated turning-only lane on any roadway.

SB 595. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to authorize compensatory salary adjustments to those former educators of a local board of education who transferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education.

SB 602. By Senators Burton of the 5th, Tysinger of the 41st and Howard of the 42nd:
A bill to amend Code Section 15-12-11 of the Official Code of Georgia Anno tated, relating to appointment of jury clerks and other personnel in counties having populations in excess of a certain amount, so as to change the popu lation level at which such Code section applies; to provide for related mat ters; to provide an effective date.

SB 614. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized in criminal cases, so as to change the provisions relating to the disposition of weapons used in the commission of crimes; to provide for procedures.

HB 228. By Representative Hamilton of the 124th:
A bill to amend Code Section 35-3-80 of the Official Code of Georgia Anno tated, relating to definitions relative to the Missing Children Information Center, so as to change the age used in defining a missing child.

HB 1201.

By Representatives Ramsey of the 3rd, Steinberg of the 46th, Buck of the 95th and Lee of the 72nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to require annual training of peace officers.

958

JOURNAL OF THE HOUSE,

HB 1266. By Representatives Reaves of the 147th, Balkcom of the 140th, Oliver of the 121st, Sherrod of the 143rd, Royal of the 144th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with cer tain pesticides or containing certain residues of pesticides or other sub stances.

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

HB 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties.

HB 1533. By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others:
A bill to provide for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Chatham County.

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

HB 1195. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change the compensation of the Lieutenant Governor; to restate the current salary now received by the Speaker of the House.

The Senate has adopted the report of the Committee of Conference on 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 recedes from its amendment to the following Bill of the House:

FRIDAY, FEBRUARY 12, 1988

959

HB 1276. By Representatives Dover of the llth and Murphy of the 18th:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Anno tated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to authorize local boards of education to vary the length of school years under certain circum stances.

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

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.

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

SB 597. By Senators Barnes of the 33rd and Ray of the 19th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the definition of "project"; to provide for certain powers and authorities of the Department of Natural Resources relative to the Georgia Hazardous Waste Management Authority; to limit certain liability of the members and officers and employees of the authority.

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

SB 388. By Senator Kidd of the 25th:
A bill to amend Code Section 9-14-53 of the Official Code of Georgia Anno tated, relating to a habeas corpus clerk for certain judicial circuits, so as to change the definition of the term "judicial circuit".
Referred to the Committee on Judiciary.

SB 470. By Senators Garner of the 30th, Newbill of the 56th and Crumbley of the 17th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, so as to provide that in cases where the defendant has been punished by a fine, the sentencing judge shall be authorized to allow the defendant to satisfy such fine through community service.
Referred to the Committee on Judiciary.

960

JOURNAL OF THE HOUSE,

SB 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Anno tated, known as the "Carnival Ride Safety Act," so as to delete certain provi sions relating to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provisions relating to liability insurance.
Referred to the Committee on Industry.

SB 571. By Senators Bowen of the 13th, Timmons of the llth and Ray of the 19th:
A bill to amend Code Section 10-4-20 of the Official Code of Georgia Anno tated, relating to the essential terms of warehouse receipts under the "Georgia State Warehouse Act," so as to authorize computer signatures on warehouse receipts; to provide an effective date.
Referred to the Committee on Ways & Means.

SB 585. By Senator Peevy of the 48th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that any person who gives a false name, address, date of birth, or social security number to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity is guilty of a misdemeanor.
Referred to the Committee on Special Judiciary.

SB 587. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of roadways, over taking, and passing, so as to provide that it shall be unlawful for any vehicle to be driven a distance of 300 feet or more in the designated turning-only lane on any roadway.
Referred to the Committee on Motor Vehicles.

SB 595. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to authorize compensatory salary adjustments to those former educators of a local board of education who transferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education.
Referred to the Committee on State Institutions & Property.

SB 597. By Senators Barnes of the 33rd and Ray of the 19th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the definition of "project"; to provide for certain powers and authorities of the Department of Natural Resources relative to the Georgia Hazardous Waste Management Authority; to limit certain liability of the members and officers and employees of the authority.
Referred to the Committee on Natural Resources & Environment.

FRIDAY, FEBRUARY 12, 1988

961

SB 602. By Senators Burton of the 5th, Tysinger of the 41st and Howard of the 42nd:
A bill to amend Code Section 15-12-11 of the Official Code of Georgia Anno tated, relating to appointment of jury clerks and other personnel in counties having populations in excess of a certain amount, so as to change the popu lation level at which such Code section applies; to provide for related mat ters; to provide an effective date.
Referred to the Committee on Governmental Affairs.

SB 607. By Senator McGill of the 24th:
A bill to make provisions for the Magistrate Court of Lincoln County; to pro vide for the appointment of the chief magistrate; to provide for a statement of intent.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 614. By Senator Timmons of the llth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized in criminal cases, so as to change the provisions relating to the disposition of weapons used in the commission of crimes; to provide for procedures.
Referred to the Committee on Special Judiciary.

SB 623. By Senator Foster of the 50th:
A bill to amend an Act incorporating the City of Clayton, as amended, so as to change the provisions relating to the date of city elections.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Greer of the 39th arose to a point of personal privilege and addressed the House.

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

HB 1675.

By Representative Murphy of the 18th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Anno tated, relating to the election, qualification, commissioning, and removal of county surveyors, so as to change the application of certain qualifications for county surveyors.

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

Y Aaron Y Adams.G
YAdams.M Y Aiken Y Alford
Alien Y Athon

Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M

Y Beck Y Benefield
Benn Birdsong Bishop
Y Bostick Branch

Y Brooks Y Brown
Y Buck Y Buford Y Byrd
Y Carrell Y Carter

Chambless Y Chance
Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L

962

JOURNAL OF THE HOUSE,

Y Colbert Coleman
Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.G
Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd
Foster
Y Galer Y Godbee
Goodwin
Green Y Greene Y Greer
Gresham
Y Griffin Y Groover

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

Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford
Y Mobley Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell
Par ham Parrish Y Patten Peters Y Pettit Y Phillips

Pinkston Y Pittman
Porter Y Powell
Prichard
Rainey Y Ramsey.T Y Ramsey.V
Randall Ransom
YRay Reaves Redding
Y Richardson Y Ricketson
Robinson 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 Stanley Stein berg
Y Stephens Thomas.C
Y Thomas.M Thompson
Y Thurmond Tolbert
Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 133, nays 0.

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

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on 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 796. By Representatives Shepard of the 71st, Walker of the 115th and Murphy of the 18th:
A resolution commending Mr. Kim Stephens and inviting him to appear before the House of Representatives.

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

HB 1472. By Representatives Wilson of the 20th, Beck of the 148th, Dover of the llth, Aaron of the 56th, McCoy of the 1st 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 strike certain provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation.

The following Committee substitute was read and adopted:

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 change certain

FRIDAY, FEBRUARY 12, 1988

963

provisions relating to the repeal of said Article 3 of Chapter 8 of Title 48 upon the effec tive date of an increase in the rate of state sales and use taxation; 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 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 48-8-122 which reads 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.", and inserting in its place a new Code section to read as follows:
"48-8-122. This article shall be repealed upon the first day of July of the calendar year following the calendar year during which an Act increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is approved by the Governor or becomes law without such approval. Likewise, this article shall be repealed upon the first day of July of the calendar year following the calendar year during which any pro posed amendment to the Constitution increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is adopted by the General Assembly for submis sion to the voters. On and after the effective date of any such automatic repeal no county shall 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 of repeal, and with respect to proceedings for the imposition of taxes under this article which proceedings are commenced prior to such date of repeal, the provisions of this article shall continue to control until such previously imposed taxes, previously com menced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Birdsong Y Bishop Y Bostick
Branch Y Brooks
Y Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chamblesi Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H

Clark.L
Y Colbert Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M
Y Davis.G Y Davis.M Y Dixon Y Dobbs
Dover YDunn

Edwards Y Felton
Y Floyd 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

Y 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
Kingston
YLane,D Y Lane.R

964

JOURNAL OF THE HOUSE,

Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam N Milford

Y Mobley Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell
Parham Parrish Y 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 Y Richardson Y Ricketson 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 Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Tolbert Townsend

On the passage of the Bill, by substitute, the ayes were 152, nays 1.

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

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

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1394. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend Chapter 16 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of firearms dealers, so as to require firearms dealers to make reports of purchases, exchanges, or trades of used firearms to local law enforcement agencies; to provide for the time, manner, and con tent of such reports.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of firearms dealers, so as to require firearms dealers to keep and main tain records of the acquisition and disposition of firearms; to provide for the form, content, and maintenance of such records; to provide sanctions for the failure to keep and maintain such records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of firearms dealers, is amended by adding immediately following Code Section 43-16-10, relating to the power of the Department of Public Safety to revoke licenses to deal in firearms, a new Code Section 43-16-10.1 to read as follows:
"43-16-10.1. (a) As a condition of any license issued pursuant to this chapter, each licensee shall be required to keep a record of the acquisition and disposition of firearms as provided in this Code section.
(b) The record required by subsection (a) of this Code section shall be identical in form and context to the firearms acquisition and disposition record required by Part 178 of Chapter 1 of Title 27 of the Code of Federal Regulations as it exists on July 1, 1988.
(c) The record required by subsection (a) of this Code section shall be maintained on the licensed premises and shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time. The record of each acquisition or disposition of a firearm shall be maintained for a period of not less than five years.

FRIDAY, FEBRUARY 12, 1988

965

(d) The failure of a licensee to keep and maintain the records required by this Code section shall be grounds for revocation of the license."
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
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 Y Birdsong
Y Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance
Y Cheeks Y Childera
Y Clark,B Y Clark,H Y Clark,L Y Colbert

Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Davis.G Y Davis,M Y Dixon Y Dobbs Dover Y Dunn Edwards Y Felton Y Floyd Foster YGaler Godbee Y Goodwin Y Green Y Greene Y Greer Gresham
Y Griffin Y Groover Y Hamilton
Y Manner Y Harris Y Hasty Y 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 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 McCoy
Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall
Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson 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
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Tolbert Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts White Wilder
Y Williams.B Y WilliamsJ Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 0.

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

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HB 1455.

By Representative Robinson of the 96th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Anno tated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reor ganized under the southern region interstate banking law.

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

966

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams,M 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 Benefleld
Benn Y Birdsong
Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford YByrd YCarrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis.G N Davis.M
Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd
Foster YGaler
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y 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 N Johnson,R Y Kilgore
Kingston Y Lane,D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Moore Y Morton

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

On the passage of the Bill, the ayes were 139, nays 3. The Bill, having received the requisite constitutional majority, was

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

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a possible conflict of interest, Representative Shepard of the 71st was excused from voting on HB 1455.

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 Ransom of the 90th 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 Lucas of the 102nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1455.

HB 1463.

By Representatives Sherrod of the 143rd, Royal of the 144th, Sizemore of the 136th, Balkcom of the 140th, Crosby of the 150th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prescribe certain limitations upon the authority of counties to levy fees, assessments, and taxes for the provision of fire protection services in special districts.

FRIDAY, FEBRUARY 12, 1988

967

The following Committee substitute was read and adopted:

A BILL
To amend Title 25 of the Official Code of Georgia Annotated, relating to fire pro tection and safety, so as to prescribe certain limitations upon the authority of counties to levy fees, assessments, and taxes for the provision of fire protection services in special dis tricts; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 25 of the Official Code of Georgia Annotated, relating to fire pro tection and safety, is amended by adding at the end thereof a new Chapter 12 to read as follows:
"CHAPTER 12
25-12-1. (a) (1) The authority of counties to create special districts under Article IX, Section II, Paragraph VI of the Constitution for the provision of fire protection services shall be limited in the following respects:
(A) No county shall levy any fire district fee, assessment, or tax against any property unless such property is located within five road miles of a fire station pro viding fire protection services to such property, except that an owner of property not otherwise subject to fire district fees, assessments, or taxes under this paragraph may consent in writing to the levy of a specified fire district fee, assessment, or tax for a period of time not to exceed ten years; and
(B) Any county fire district fee, assessment, or tax shall be levied solely on the basis of the assessed value of improvements upon the property receiving fire pro tection services; and no such fee, assessment, or tax shall be levied upon unim proved property. (2) The limitations provided for in subparagraph (A) of paragraph (1) of this sub section shall not apply with respect to any property which receives fire protection services by airplane, helicopter, or boat. (b) Any county fire district tax levied prior to July 1, 1988, for the retirement of spe cial district debt incurred under Article IX, Section V, Paragraph II of the Constitution shall be exempt from the limitations of this Code section until such special district debt, and any refunding of such special district debt, has been fully retired."
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 YAdral,G YAdams,M YAiken YAlford
Ato* YAthon Y Atkins YB-X8
YBalkcom Y Bannister
YBargeron
YBarnett,B Y Barnett M YBeck YBetfield

Benn YBMsong
Bishop Y Bostick
Branch YBr Y Brown
Buck YButd
Y Byrd Carrell
Y Carter
Y Chambless Y Chance YChleks Y ChUders

Y Clark.B Y Clark.H Y Clark,L Y Colbert
Coleman YColwdl
Connell Y Couch Y Co*
Y Crawford Y Crosby
Y CummmgsJB
Cumroings.M Y Davis.G YDavisM Y Dixon

Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd
Foster Y Galer
Godbee
Y Goodwm Y Green
Y Greene
X ree' Y Gresham Y Griffin Y Groover

Y Hamilton Y Manner Y Hams Y Hasty Y Heard Y Hens ey Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson
NJacksOnJ
YJarksonW Y Jackson,W
Jamieson Y Johnson,D

968

JOURNAL OF THE HOUSE,

Y Johnson.R Y Kilgore
Kingston YLane.D
YLane.R Y Langford Y Lawler Y Lawrence N Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody
Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orrock
Y Padgett Y Pannell
Par ham Y Parrish Y Patten
Peters

Y Pettit Y Phillips Y Pinkston Y Pittman
Porter Y Powell
Y Prichard Rainey
Y Ramsey.T Ramsey.V
YRandall Y Ransom
YRay Reaves
Y Redding Richardson
Y Ricketson 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 N Smith,W
Y Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Tolbert

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

On the passage of the Bill, by substitute, the ayes were 144, nays 5.

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

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 721. By Representatives Redding of the 50th and Orrock of the 30th:
A resolution encouraging home builders and developers of single-family resi dences and residential condominiums to construct some houses, buildings, and related areas in a manner to provide minimal levels of accessibility to accommodate disabled and older 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 fol lows:

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 Y Birdsong
Bishop Y Bostick
Branch Y Brooks Y Brown
Buck
Y Buford YByrd Y Carrell
Y Carter

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

Godbee Y Goodwin
Y Green Y Greene
Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y 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
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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody
Moore Y Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C

Oliver.M Y Orrock Y Padgett
Y Pannell Parham
Y Parrish
Y Patten Peters
Y Pettit Y Phillips Y Pinkston Y Pittman
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 Y Royal Y Selman

FRIDAY, FEBRUARY 12, 1988

969

Y Shepard Y Sherrod Y Simpson
Sinkfield YSizemore Y Smith.L Y Smith.P YSmith.T

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

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

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

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

On the adoption of the Resolution, the ayes were 138, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1494.

By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-9-20 of the Official Code of Georgia Anno tated, relating to the maintenance and reporting of records, data, and statis tics by insurers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization.

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 ayes were 145, nays 0.
Due to mechanical malfunction, the roll call could not be verified.
The Bill, having received the requisite constitutional majority, was passed.

HB 1527.

By Representatives Pettit of the 19th, Lee of the 72nd and Dunn of the 73rd:
A bill to amend Code Section 33-29-2 of the Official Code of Georgia Anno tated, relating to requirements of policies of individual accident and sickness insurance, so as to assure that insurance coverage is provided for adopted children in the same manner as it is provided for other dependents without discrimination for any preexisting conditions.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require individual and group health insurance policies to provide coverage for adopted children of the insured in the same manner as coverage is provided for newly born children of the insured; to provide for applicability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking in its entirety Code Section 33-24-22, relat ing to the provision in health insurance policies for coverage of newly born children, and inserting in its place a new Code Section 33-24-22 to read as follows:

970

JOURNAL OF THE HOUSE,

"33-24-22. (a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type con tracts issued by a nonprofit corporation which2 under the terms of such policies, can pro vide coverage for a family member of the insured or subscriber shall, as to the family members' coverage, also provide that the health insurance benefits applicable for chil dren shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth. A newly born child of the insured or subscriber shall include an adopted child. The coverage for the adopted child shall be effective from the date of filing of the adoption petition and continues unless the adoption petition is denied and the child is removed from the custody of the petitioner.
(b) The coverage for newly born children or adopted children shall consist of cover age of injury or sickness, including the necessary care and treatment of medically diag nosed congenital defects and birth abnormalities, but need not include benefits for routine well baby care.
(c) If payment of a specific premium or subscription fee is required to provide cover age for a child, the policy or contract may require that notification of birth of a newly born child or the date of filing of a petition for adoption of a child and payment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth or placement in order to have the coverage continue beyond the 31 day period.
(d) The requirements of this Code section shall apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state on or after November *7 W4 July 1, 1988."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1635. By Representative Lawson of the 9th:
A bill to amend Code Section 9-12-135 of the Official Code of Georgia Anno tated, relating to fees for filing foreign judgments, Code Section 15-6-77, relating to fees of clerks of the superior court, and Code Section 19-13-3, relating to petitions for relief from family violence, so as to delete certain specific monetary fees, to include these fees in the listing of fees of clerks of the superior courts, and to incorporate those fees by reference.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1631.

By Representatives Isakson of the 21st and Chambless of the 133rd:
A bill to amend Code Section 14-3-330 of the Official Code of Georgia Anno tated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report.

The following amendment was read and adopted:

FRIDAY, FEBRUARY 12, 1988

971

The Committee on Judiciary moves to amend HB 1631 by striking from line 18 of page 1 the following:
"shall",
and inserting in lieu thereof the following: "may".

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

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
Benn Y Birdsong
Bishop Y Bostick
Branch Y Brooks
Brown
Buck Y Buford
Byrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert

Coleman Y Colwell
Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster YGaler
YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

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

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
Par ham 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 Randall
Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal YSelman Y Shepard Y Sherrod N 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 Tolbert Y Townsend Y Triplett 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 Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 143, nays 1.

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

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1449.

By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease con tract.

972

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 Adama.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
Y Birdsong Bishop
Y Bostick Branch
Y Brooks Y Brown
Buck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B
Y Clark,H Y Clark,L
Y Colbert

Y Coleman Colwell Connell
Y Couch YCox Y Crawford
Crosby Y Cummings.B
Cummings,M
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster YGaler
Y Godbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin Y Groover
Hamilton Hanner
Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

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

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Oliver.M
Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten
Peters Pettit Y Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Rainey Y Ramsey.T Y Ramsey.V Randall
Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend
Y Triplett Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

The following Resolution of the House was read:

HR 797. By Representatives Murphy of the 18th and Lee of the 72nd:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 12, 1988, and shall reconvene at 10:00 A.M. on Monday, February 15, 1988.

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

FRIDAY, FEBRUARY 12, 1988

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 Y Birdsong
Bishop Y Bostick
Branch Y Brooks Y Brown
Buck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd
Foster YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

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

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M Y Orrock
Y Padgett Y Pannell
Parham
Y Parrish Y Patten
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 Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 155, nays 0.

The Resolution was adopted.

973
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 Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HR 755. By Representatives Walker of the 115th and Lee of the 72nd:

A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives are amended by striking the first paragraph of Rule 12 and inserting in lieu thereof a new first paragraph to read as follows:
"No person shall be entitled to enter upon the floor of the House except (1) members and officers thereof, (2) members and officers of the Senate, (3) the Governor of the state, (4) staff members of the Office of Legislative Counsel, (5) staff members of the Office of the Legislative Budget Analyst, (6) members of the news media and their photographers, all of whom must bear proper credentials and must comply with this rule, and (7) such others as the House may allow upon recommendation of the Commit tee on Rules. Seats and spaces in the news media sections shall be assigned and desig nated by the Speaker. Only those members of the news media with proper credentials shall enter upon the floor of the House of Representatives. No interview shall be con ducted on the floor of the House of Representatives while the House is in session. Reporters for print media and radio stations and television reporters when no

974

JOURNAL OF THE HOUSE,

cameraperson is present shall have access to the floor of the House of Representatives only to request that a member leave the floor for an interview. Still photographers and television camerapersons shall have access to the floor of the House of Representatives while the House is in session unless, in the discretion of the presiding officer, the number of still photographers or television camerapersons is excessive or unless, in the discretion of the presiding officer, still photographers or television camerapersons are creating a disturbance or disruption, at which time they may be removed by the presid ing officer. Nothing in this paragraph shall be construed to prevent television reporters and camerapersons to be in that portion of the House designated for television and known as the 'television bullpen.'"
BE IT FURTHER RESOLVED that the Rules of the House of Representatives are amended by adding at the end thereof the following:
"OFFICES IN THE LEGISLATIVE OFFICE BUILDING
Rule 163. Offices in the Legislative Office Building shall be assigned to members of the House of Representatives on the basis of seniority, with the member having the longest period of service as a member of the House of Representatives having the first choice. If two or more members have an equal amount of service, the names of all such members shall be placed in a container and the Speaker shall draw names to determine the order in which such members shall select their offices."

The following amendment was read and adopted:

Representative Lee of the 72nd moves to amend HR 755 as follows:
To insert on Line 21, Page 2, after the word "longest" the word "uninterrupted" so that Line 21 will read "member having the longest uninterrupted period of service as a member".

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y 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
Branch Y Brooks
Brown Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers

Y Clark.B Y Clark,H
Clark.L Y Colbert
Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
CummingB,M
Y Davis,G Y Davis.M Y Dixon
Y Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd
Foster
YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover

Hamilton Manner
Y Harris Y Hasty Y 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
Kingston Y Lane.D Y Lane.R Y Langtord
Lawler Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum

Y Martin Y McCoy
McDonald
Y McKelvey McKinney
Y Meadows YMilam
Milford
Y Mobley Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell
Parbam Y Parrish
Y Patten 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 Y Richardson Y Ricketson Y Robinson 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 Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert

FRIDAY, FEBRUARY 12, 1988

975

Y Townsend Y Triplet! Y Twiggs Y Waddle

Y Waldrep Walker.C
Y Walker.L Y Wall

Ware Y Watson Y Watts
White

Y Wilder Y WiIliams,B Y Williams,J Y Wilson

Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Due to mechanical malfunction, the vote of Representative Foster of the 6th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 798. By Representative Triplett of the 128th: A resolution designating February 12, 1988, as Constitution Day.

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

HB 1528 Do Pass, by Substitute HB 1650 Do Pass HB 1670 Do Pass

SB 396 Do Pass SB 432 Do Pass

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

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1420 Do Pass, by Substitute
Respectfully submitted, /s/ Wilson of the 20th
Chairman

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

976

JOURNAL OF THE HOUSE,

HR 797. By Representatives Murphy of the 18th and Lee of the 72nd: A resolution relative to adjournment.

The following communication was received from the Secretary of State:

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 643 through 664, who have registered in the Docket of Legislative Appearance as of February 12, 1988, 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 February, in the year of our Lord One Thousand Nine Hundred and Eighty-eight and of the Independence of the United States of America the Two Hundred and Twelfth.

(SEAL)

/s/ Max Cleland Secretary of State

643. Freda McDonald Amalgamated Transit Union Local 732 Citizen 4820 Ridgewood Drive Forest Park, Georgia 30050
644. Lauren C. Steele The Coca-Cola Company Post Office Drawer 1734 Atlanta, Georgia 30301
645. June D. Green City of Atlanta Department of Law 1100 S. Tower One CNN Center Atlanta, Georgia 30303-2705
646. Belinda Parrish Georgia State Parent-Teacher Association 2811 Dug Gap Road Dalton, Georgia 30720
647. Margaret R. Ball Georgia Parent Teacher Association Post Office Box 174 2475 Dug Gap Road, S.W. Dalton, Georgia 30722

648. Susan E. Calhoun Georgia Parent Teacher Association 303 Skyline Drive Cohutta, Georgia 30710
649. Joseph A. Sports Joseph E. Seagram & Sons Inc. Cranston/Prescott Securities National Medical Enterprises The Nutrasweet Company Pearle Health Services Catrala of Georgia National Vehicle Leasing Assn. Georgia Rent to Own Dealers Smokeless Tobacco Council, Inc. AFF Chemical Division Inc. JSA Inc. 21 Finch Trail Atlanta, Georgia 30308
650. Ida Sue Katz Fulton County School System 1288 Briardale Lane, N.E. Atlanta, Georgia 30306
651. Laurence A. Ceminsky Cobb County Victim/Witness Assistance Unit Citizen Georgia Association of Convenience Stores Georgians for Victim Justice
277 Powder Springs Road Marietta, Georgia 30064

FRIDAY, FEBRUARY 12, 1988

977

652. Karen Lowman Georgia Nurses Association 5099 Whited Way Lilburn, Georgia 30247
653. Kelly L. Garraway Georgians for Victims Justice 84 Cobblestone Creek Peachtree City, Georgia 30269
654. Mary Lou Garraway Georgians for Victims Justice 1992 Hwy 54 West Fayetteville, Georgia 30214
655. Samuel L. Harris Concerned Citizens of Atlanta Post Office Box 92735 Morris Brown Station Atlanta, Georgia 30314
656. Albert "Mickey" Ward Georgia Association of Physician Assistants 23 Kensington Road Avondale Estates, Ga. 30002
657. VOID
658. James E. Bellinger, III Georgia Association of Physicians Assistants 1260 Renee Drive Decatur, Georgia 30035
659. J. Wendell Brigance Georgia Health Care Association 3735 Memorial Drive Post Office Box 36349 Decatur, Georgia 30032

660. Donald A. Yates Georgia Health Care Association 3735 Memorial Drive Decatur, Georgia 30032
661. Fran Toliver Georgia Federation of Teachers AFL-CIO 6065 Roswell Road Suite 722 Atlanta, Georgia 30328
662. Delano R. Royal Georgians for Victims Justice National Association of Victims Assistance Atlanta Victims Witness Assistance Program 175 Decatur Street Atlanta, Georgia 30335
663. J. Frank Young Young Development Services, Inc. Post Office Box 1126 Alpharetta, Georgia
664. Reggie Hicks Collections of Life Heritage (COLH) 135 Auburn Avenue Atlanta, Georgia 30303
665. Judith Rhea Cox Georgia Insight Georgia Forum Georgia Right to Life 2360 Spring Creek Road Decatur, Georgia 30033

Pursuant to HR 797, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 15, 1988.

978

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 15, 1988

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 Judy McMillan, Counselor, Shallowford Presbyterian Church, Smyrna, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:
HB 1727. By Representatives Smith of the 78th, Parham of the 105th, Green of the 106th, Lord of the 107th and Jackson of the 83rd: A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding exemptions from certain ad valorem taxation of property, so as to remove the population classification from cer tain provisions relating to applicants holding certain property subject to a written lease.
Referred to the Committee on Ways & Means.
HB 1728. By Representatives Porter of the 119th and Jackson of the 9th: A bill to amend Code Section 20-2-160 of the Official Code of Georgia Anno tated, relating to enrollment counts to determine financing, so as to remove driver education courses from the list of courses which cannot be used to determine enrollment counts.
Referred to the Committee on Education.

MONDAY, FEBRUARY 15, 1988

979

HB 1729. By Representatives Edwards of the 112th, Triplett of the 128th, Dixon of the 151st, Wood of the 9th, Jackson of the 9th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to make it unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the Department of Revenue and unless such activity is carried on at an estab lished place of business.
Referred to the Committee on Motor Vehicles.

HB 1731. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term "reports" as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals.
Referred to the Committee on Judiciary.

HB 1732. By Representative Groover of the 99th:
A bill to amend Chapter 12 of Title 36 of the Official Code of Georgia Anno tated, relating to supervision, support, and interment of indigent persons, so as to change provisions relating to interment of deceased indigents and pay ment therefor.
Referred to the Committee on Judiciary.

HB 1733. By Representative Morton of the 47th:
A bill to amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for manufacture of malt beverages, so as to authorize certain licensed brewers to sell their malt beverages at retail on the premises of the brewery for consumption on the premises; to provide for license taxes, bonds, and excise taxes.
Referred to the Committee on Regulated Beverages.

HB 1734. By Representatives Davis of the 45th, Morton of the 47th, Tolbert of the 58th, Williams of the 48th, Lawrence of the 49th and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1735. By Representative Carrell of the 65th:
A bill to amend an Act creating the Walnutgrove-Youth Water Authority, so as to change the name of the authority; to provide for the membership of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

980

JOURNAL OF THE HOUSE,

HR 799. By Representatives Wilson of the 20th, Clark of the 20th, Hensley of the 20th, Isakson of the 21st, Aiken of the 21st and others:
A resolution authorizing the State Properties Commission to negotiate a new lease with the City of Marietta, Georgia, combining two current lease agree ments on three tracts of certain state owned real property in Cobb County, Georgia.
Referred to the Committee on State Institutions & Property.

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

HR 811. By Representatives Connell of the 87th, Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th and Brown of the 88th:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia or the Georgia Building Authority (Hospital) in Richmond County, Georgia.
Referred to the Committee on State Institutions & Property.

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

HB 1719 HB 1720 HB 1721 HB 1722 HB 1723 HB 1724 HB 1725 HHBB 11773260
HR 786
HR 787
HR 792
HR 793
HR 794

HR 795 SB 388 SB 470 SB 544 SB 571 cr> CQC TM TM; bB TM 595;
SB 597
SB 602
SB 607
SB 614
SB 623

Representative Patten of the 149th 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 503 Do Pass, by Substitute SB 402 Do Pass, by Substitute SB 404 Do Pass, by Substitute SB 405 Do Pass

SB 407 Do Pass SB 408 Do Pass SB 414 Do Pass SB 508 Do Pass

Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

MONDAY, FEBRUARY 15, 1988

981

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1707 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
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 699 Do Pass HR 796 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 has instructed me to report the same back to the House with the following recommendations:

HB 1677 Do Pass HB 1703 Do Pass HB 1705 Do Pass HB 1706 Do Pass HB 1708 Do Pass

HB 1709 Do Pass HB 1710 Do Pass HB 1713 Do Pass HB 1718 Do Pass

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

By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs - Local:

HB 1708. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Mansfield.

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

982

JOURNAL OF THE HOUSE,

HOUSE RULES CALENDAR MONDAY, FEBRUARY 15, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 25th Legislative Day as enumerated below:
HB 862 Solid Waste Disposal Sites: Permits: Restrictions HB 896 Agrirama Employees: Employees' Retirement: Membership HB 1123 Torts: Persons Who Furnish Alcoholic Beverages to Minors HB 1160 Insurance: Premium Taxes: Date of Collection HB 1261 Municipalities: Chiefs of Police Serve as Jailer HB 1280 Tax Executions: Prohibit Pymt. By Certain Officials HB 1369 SchookAge of Enrollment HB 1370 Certain Promotional Contests: Deceptive Practices HB 1416 Interest & Usury: Rate on Certain Loans HB 1420 Local Govts.: Audit & Budget: File Reports W/Comm. Affairs HB 1460 Fish: Creel Limits: Repeal Certain Provision HB 1546 State Employees:Cert. Foster Parents: Liability HB 1549 Torts: Dental Students: Cert. Immunity HB 1550 Local Gov't. Multiyear Leases: Terms HB 1639 Jackson County: Change Terms of The Superior Court HB 1665 Highways: Security Loads of Pulpwood or Logs HB 1670 Stone Mountain Judicial Circuit: Add Judge
HR 547 Underwood, Roger L: Compensate HR 573 Harden, Greg: Compensate HR 621 Winder: Annexation of State Property HR 747 Savannah River Scenic Hwy.: Designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HB 1677. By Representative Balkcom of the 140th:
A bill to amend an Act creating the State Court of Miller County, so as to authorize the governing authority of Miller County to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Miller County under certain conditions.

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

HB 1703. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change certain provisions relating to expense allowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans.

MONDAY, FEBRUARY 15, 1988

983

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

HB 1705. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act known as the "Cobb County Civil Service System Act," so as to provide for a classified and unclassified service; to provide for adoption of a classification plan; to provide that upper managerial and upper supervisory positions shall be in the unclassified service.

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

HB 1706.

By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder 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 provide for an executive secretary to 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 1709.

By Representative Branch of the 137th:
A bill to create the Ben Hill County Public School System by merging and consolidating the county school system of Ben Hill County and the inde pendent school system of the City of Fitzgerald; to create the board of edu cation for the Ben Hill County Public School System.

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

HB 1710. By Representative Sizemore of the 136th:
A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.

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

984

JOURNAL OF THE HOUSE,

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

HB 1713. By Representative Phillips of the 120th:
A bill to provide for the appointment of the chief magistrate of the Magis trate Court of Montgomery County by the governing authority of Montgomery 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 1718.

By Representative Parrish of the 109th:
A bill to amend an Act providing a board of elections of Emanuel County, so as to provide for an additional member of the board and provide for the designation of the chairman of that board.

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

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 and Resolutions of the Senate and House:

SB 442. By Senators Barker of the 18th and Coleman of the 1st:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to change certain provi sions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.

SB 505. By Senator Kidd of the 25th:
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 Georgia College.

SB 529. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices con cerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to provide for definitions.

MONDAY, FEBRUARY 15, 1988

985

SB 551. By Senators Land of the 16th and Hudgins of the 15th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to change the bag limit for deer; to provide for the hunting of antlerless deer; to provide an effective date.

SB 554. By Senator Baldwin of the 29th:
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 LaGrange College.

SB 555. By Senator Baldwin of the 29th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate merchants who sell personal property in flea markets; to define certain terms; to require licenses; to pro vide exceptions; to provide for license fees; to require flea market merchants to maintain permanent records of goods purchased for purposes of resale.

SB 574. By Senator Engram of the 34th:
A bill to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits.

SB 594. By Senators Turner of the 8th, Gillis of the 20th and Ray of the 19th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definitions of "alligator product," "fur dealer," and "fur dealer's agent"; to change the season for hunting alligators; to change the provisions relating to taxider mists; to change the provisions relating to the hunting of alligators.

SB 608. By Senators Engram of the 34th, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by physically handi capped persons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces.

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.

HB 1202. By Representative Ramsey of the 3rd:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that the additional penalty imposed in certain criminal and traffic cases and upon violation of bond shall be appli cable to the magistrate courts.

986

JOURNAL OF THE HOUSE,

HB 1209. By Representatives Reaves of the 147th, Moore of the 139th, Balkcom of the 140th, Godbee of the 110th and Oliver of the 121st:
A bill to amend Chapter 50 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Veterinary Practice Act," so as to change the definition of a certain term; to change the provisions relating to applications for licenses.

HB 1443.

By Representatives Rainey of the 135th, Mangum of the 57th, Cummings of the 17th, Peters of the 2nd, Moore of the 139th and others:
A bill to amend Code Section 40-6-160 of the Official Code of Georgia Anno tated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation.

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

SR 265. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Register of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a cer tain condition to such special valuation of property; to provide for the sub mission of this amendment for ratification or rejection.

SR 347. By Senators Barnes of the 33rd and Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or any ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.

SR 356. By Senators Ragan of the 32nd, Harrison of the 37th, Newbill of the 56th and others:
A resolution designating the Arthur T. Bacon Bridge.

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

SB 442. By Senators Barker of the 18th and Coleman of the 1st:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to change certain provi sions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 15, 1988

987

SB 505. By Senator Kidd of the 25th:
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 Georgia College.
Referred to the Committee on Motor Vehicles.

SB 529. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices con cerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to provide for definitions.
Referred to the Committee on State Planning & Community Affairs.

SB 551. By Senators Land of the 16th and Hudgins of the 15th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to change the bag limit for deer; to provide for the hunting of antlerless deer; to provide an effective date.
Referred to the Committee on Game, Fish & Recreation.

SB 554. By Senator Baldwin of the 29th:
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 LaGrange College.
Referred to the Committee on Motor Vehicles.

SB 555. By Senator Baldwin of the 29th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate merchants who sell personal property in flea markets; to define certain terms; to require licenses; to pro vide exceptions; to provide for license fees; to require flea market merchants to maintain permanent records of goods purchased for purposes of resale.
Referred to the Committee on State Planning & Community Affairs.

SB 574. By Senator Engram of the 34th:
A bill to amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits.
Referred to the Committee on Motor Vehicles.

988

JOURNAL OF THE HOUSE,

SB 594. By Senators Turner of the 8th, Gillis of the 20th and Ray of the 19th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definitions of "alligator product," "fur dealer," and "fur dealer's agent"; to change the season for hunting alligators; to change the provisions relating to taxider mists; to change the provisions relating to the hunting of alligators.
Referred to the Committee on Game, Fish & Recreation.

SB 608. By Senators Engram of the 34th, Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by physically handi capped persons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces.
Referred to the Committee on Motor Vehicles.

SR 265. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that with respect to the transfer of any tangible real property on the National Register of Historic Places, the fair market value of such property for tax purposes shall be determined at the time of transfer and such value shall remain the same until a subsequent transfer thereof; to provide a cer tain condition to such special valuation of property; to provide for the sub mission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

SR 347. By Senators Barnes of the 33rd and Garner of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is charged with an offense against the criminal or traffic laws of this state or any ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.

SR 356. By Senators Ragan of the 32nd, Harrison of the 37th, Newbill of the 56th and others:
A resolution designating the Arthur T. Bacon Bridge.
Referred to the Committee on Transportation.

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 1416.

By Representatives Beck of the 148th and Pinkston of the 100th:
A bill to amend Code Section 7-4-2 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide that the rate of interest established by written contract on transactions of $250,000.00 or more may be expressed in simple interest terms or otherwise.

MONDAY, FEBRUARY 15, 1988

989

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
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
Bostick Y Branch Y Brooks
Brown YBuck
Y Buford YByrd
Y Carrell Carter
Y Chambless Chance Cheeks
Y Childers Y Clark.B Y Clark.H
Clark,L Y Colbert

Y Coleman
Y Colwell Y Connell
Couch YCox Y Crawford
Y Crosby Y Cunmiings,B
Cummings,M Y Davis.G
Davis.M Y Dixon
Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Green Y Greene
Greer
Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris Y Hasty 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
Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam
Y Milford Y Mobley Y Moody
Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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
Rainey Ramsey.T Y Ramsey.V Randall Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Shepard Y Sherrod
Simpson Sinkfield

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

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

Representative Rainey of the 135th 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 State Planning and Community Affairs - Local:

HR 801. By Representatives Kingston of the 125th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd, Mueller of the 126th and others:
A resolution urging the Board of Commissioners of Chatham County to grant additional property tax relief to the elderly.

The following Resolution of the House was read and adopted:

HR 802. By Representatives Buck of the 95th, Hooks of the 116th, Meadows of the 91st, Robinson of the 96th and Connell of the 87th:
A resolution commending the Women of Georgia Power.

990

JOURNAL OF THE HOUSE,

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

HR 546. By Representative Lane of the 27th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide procedures for the governing authorities of counties and munici palities to delegate their planning and zoning powers to independent planning and zoning commissions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article IX, Section II, Paragraph IV of the Constitution is amended by designating the present language of said Paragraph following the caption as subparagraph (a) thereof and by adding at the end thereof a new subparagraph (b) to read as follows:
"(b) In addition to any powers vested in the General Assembly by subparagraph (a) of this Paragraph, the General Assembly may by general law provide procedures for the governing authority of any county or municipality to delegate its planning and zoning powers to a commission created as an independent agency of the county or municipality and may provide procedures for the governing authorities of any combination of such local governments to delegate their planning and zoning powers to a single commission to act as an independent agency of all such local governments. The General Assembly may provide by such general law for any matters related to the creation and composition of such commissions and for the removal of members therefrom."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly by general law to provide procedures for the governing authorities of counties and municipalities to delegate their planning and zoning powers to independent planning and zoning commissions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following substitute, offered by Representative Lane of the 27th was read:

HR 546. By Representative Lane of the 27th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide procedures for the governing authority of counties having a population of 65,000 or less to delegate its planning and zoning powers to an independent planning and zoning commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IX, Section II, Paragraph IV of the Constitution is amended by designating the present language of said Paragraph following the caption as subparagraph (a) thereof and by adding at the end thereof a new subparagraph (b) to read as follows:

MONDAY, FEBRUARY 15, 1988

991

"(b) In addition to any powers vested in the General Assembly by subparagraph (a) of this Paragraph, the General Assembly may by general law provide procedures for the governing authority of any county having a population of 65,000 or less according to the most recent United States decennial census to delegate its planning and zoning powers to a commission created as an independent agency of the county. The General Assembly may provide by such general law for any matters related to the creation and composition of such commission and for the removal of members therefrom."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly by general law to provide procedures for the governing authority of counties having a population of 65,000 or less to delegate its planning and zoning powers to an independent planning and zoning commission?"

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:

Representatives Lane of the lllth and Dobbs of the 74th move to amend the Floor substitute to HR 546 as follows:
Strike on Lines 18 and 19, Page 1, the words beginning with "having", on line 18, and ending with "census" on Line 19.

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

N Aaron
Y Adams.G Y Adams.M N Aiken
YAlford N Alien Y Athon Y Atkins Y Bailey YBalkcom N Bannister YBargeron
Y Barnett.B Barnett.M
Y Beck Y Benefield
Benn Y Birdsong Y Bishop YBostick Y Branch N Brooks N Brown
YBuck N Buford
Y Byrd Y Carrell Y Carter NChambless Y Chance N Cheeks

N Childers
N Clark.B Y Clark.H
Clark.L
YColbert Coleman
Y Colwell Connell
Y Couch Y Cox Y Crawford Y Crosby
Y Cummings.B N Cummings.M N Davia.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn N Edwards Y Felton Y Floyd
Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer N Gresham

Y Griffin
Y Groover N Hamilton Y Hanner
Y Harris Y Hasty Y Heard N Hensley Y Herbert Y Holcomb N Holmes
Hooks
Y Hudson Y Isakson Y Jackson,J
Jackson.W Y Jamieson N Johnson.D Y Johnson.R Y Kilgore N Kingston Y Lane.D Y Lane.R
N Langford N Lawler
N Lawrence Y Lawson Y Lee N Linder Y Long Y Lord

Y Lucas
Y Lupton Y Mangum Y Martin
N McCoy N McDonald N McKelvey
McKinney N Meadows
Milam N Milford Y Mobley
N Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller N Oliver.C N Oliver.M Y Orrock N Padgett N Pannell
Y Parham Y Parrish
N Patten Y Peters Y Pettit Y Phillips
Pmkston N Pittman

Y Porter
Y Powell Y Pnchard Y Ramey
Y Ramsey.T Y Ramsey.V
Randall N Ransom Y Ray N Reaves N Redding N Richardson
N Ricketson Y Robinson Y Royal N gelman N Shepard Y bherrod Y bimpson
Sinkfield Y hizemore Y Smith,L Y bmith.P
N Smith T Y bmith.W
Y bmyre Y bnow N Stancil N Stanley N Steinberg Y Stephens

992
Y Thomas.C N Thomas.M Y Thompson
Thurmond N Tolbert

JOURNAL OF THE HOUSE,

Y Townsend N Triplett YTwiggs Y Waddle Y Waldrep

N Walker.C N Walker,L
Y Wall Ware
Y Watson

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

On the adoption of the amendment, the ayes were 107, nays 56. The amendment was adopted.

N Wilson
Y Wood N Workman
Yeargin
Murphy ,Spkr

The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute, as amended.
On the adoption of the Resolution, 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 N Alford N Alien
N Athon N Atkins N Bailey
N Balkcom N Bannister Y Bargeron
N Barnett,B Barnett,M
NBeck
N Benefield Benn
Y Birdsong N Bishop Y Bostick N Branch N Brooks N Brown NBuck N Buford NByrd N Carrell Y Carter N Chambless N Chance N Cheeks N Childers N Clark.B N Clark,H
Clark.L N Colbert

N Coleman N Colwell N Connell
N Couch YCox N Crawford
N Crosby N Cummings.B N Cummings.M
N Davis,G N Davis,M
Y Dixon Y Dobbs N Dover N Dunn N Edwards Y Felton N Floyd N Foster NGaler N Godbee Y Goodwin
Y Green N Greene NGreer N Gresham N Griffin N Groover N Hamilton N Hanner N Harris
Y Hasty N Heard N Hensley N Herbert N Holcomb

N Holmes Hooks
Y Hudson N Isakson
N Jackson,J 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 N Lawson NLee N Linder YLong NLord N Lucas
Y Lupton N Mangum Y Martin NMcCoy N McDonald N McKelvey
McKinney N Meadows N Milam N Milford N Mobley N Moody N Moore N Morton

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

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

On the adoption of the Resolution, by substitute, as amended, the ayes were 25, nays 143.

The Resolution, by substitute, as amended, having failed to receive the requisite twothirds constitutional majority, was lost.

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:

MONDAY, FEBRUARY 15, 1988

993

HB 1546.

By Representatives Watson of the 114th, Wood of the 9th, Groover of the 99th, Ware of the 77th, Dunn of the 73rd and others:
A bill to amend Code Section 45-9-1 of the Official Code of Georgia Anno tated, relating to purchase of liability insurance, etc., for public officers or employees generally, so as to change the definition of the term "agency"; to provide that foster parents duly appointed and approved by the Department of Human Resources shall be considered to be state employees or officials for certain purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or indemnity contracts for public officers or employees generally, so as to authorize the Department of Human Resources, in coordination with the Department of Administrative Services, to provide insurance coverage for foster parents and foster children participating in programs sponsored by the Department of Human Resources or in the care and custody of the Department of Human Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or indemnity contracts for public officers or employees generally, is amended by adding a new subsection (d) to read as follows:
"(d) The commissioner of the Department of Administrative Services is authorized in his discretion either to purchase commercial insurance coverage or to self-insure under an existing self-insurance trust fund all foster parents and foster children parti cipating in programs sponsored by the Department of Human Resources or in the care and custody of the Department of Human Resources upon a request from the commis sioner of human resources. The commissioner of the Department of Administrative Services will establish appropriate premiums and limits applicable to such requested insurance coverage. The Department of Human Resources is authorized to pay the pre miums for such insurance from available appropriated funds or other available sources of funds."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Aaron YAdams.G YAdama,M
Aiken
YAlford Alien
YAthon Y Atkins Y Bailey YBalkcom Y Bannister
Bargeron YBarnett,B

Barnett.M Y Beck Y Benefield
Benn
YBirdsong Y Bishop YBostick Y Branch
Brooks Brown Y Buck Y Buford Y Byrd

Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B
Clark.H Clark.L Y Colbert Coleman Y Colwell Y Connell

Y Couch Y Cox ^rawford Y Crosby
Y Cummmgs,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon
Dobbs Y Dover Y Dunn Y Edwards

Y Felton Y Floyd Y Foster Y Galer
Godbee Y Goodwill
Green Y Greene Y Greer ^sham ^riffm Y Groover Y Hamilton

994

JOURNAL OF THE HOUSE,

Hanner Y Harris
Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb
Y Holmes Hooks
Y Hudson Y Isakson
Jackson,J 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 Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller

Y Oliver.C Y Oliver.M
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 Randall Ransom Ray
Y Reaves

Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard
Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith.P Smith.T
Y Smith, W YSmyre Y Snow N Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M

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

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

HR 547. By Representative Beck of the 148th: A resolution compensating Mr. Roger L. Underwood.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 547 by striking the figure $1,324.89 on p. 1, 1. 19 and inserting in lieu thereof the figure $1,034.95.

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

Aaron Y Adams.G
Y Adams.M Aiken
Y Alibrd Y 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 Y Brooks Y Brown
YBuck Y Buford
YByrd

Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards

Y Felton Y Floyd Y Foster Y Galer
Godbee Y Goodwin
Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson YIsakson
Jackson,J Jackson.W

Y Jamieson
Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Y Milam Milford

Y Mobley Y Moody Y Moore Y Morton
Y Mostiler Moultrie
Y Mueller
Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V

MONDAY, FEBRUARY 15, 1988

995

Randall
Ransom Y Ray Y Reaves Y Redding
Y Richardson Ricketson
Y Robinson Y Royal Y Selman

Shepard
Y Sherrod Simpson
Y Sinkfield 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
Thomas.C Thomas.M Y Thompson Thurmond Y Tolbert

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
Y Wilson Wood
Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 145, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1460. By Representatives Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act approved March 31, 1986, which Act amended Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, so as to regulate the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain spe cies.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Anno tated, relating to fish in general, so as to change provisions relating to creel and possession limits and minimum size limits for the taking and possession of certain species of fish; to amend an Act approved March 31, 1986 (Ga. L. 1986, p. 504), which Act amended said article by regulating the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species; 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 4 of Title 27 of the Official Code of Georgia Anno tated, relating to fish in general, is amended by striking Code Section 27-4-10, relating to creel and possession limits, and inserting in its place a new Code section to read as follows:
"27-4-10. (a) It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than:
(1) Ten of any one or a combination of the following species: (A) Largemouth bass; (B) Smallmouth bass; (C) Shoal bass; (D) Suwannee bass; (E) Spotted bass or Kentucky bass; (F) Redeye or Coosa bass;
(2) Eight of any one or a combination of the following species: (A) Rainbow trout; (B) Brook trout; (C) Brown trout;
(3) Thirty white bass; (4) Six of any one or a combination of the following species:
(A) Striped bass or rockfish; (B) Striped-white bass hybrid; (5) Fifty of any one or a combination of the game species of bream or sunfish; (6) Eight walleye (walleyed pike);

996

JOURNAL OF THE HOUSE,

(7) Eight sauger; (8) Two muskellunge; (9) Fifteen of any one or a combination of the following species of pickerel:
(A) Chain; (B) Grass; (C) Redfin; (10) Fifty of any one or a combination of the following species: (A) Black crappie; (B) White crappie; (11) Eight of any one or a combination of the following species: (A) American shad; (B) Hickory shad; (12) A total of 50 of all of the species named in this Code section; (13) Two red drum, commonly known as spot-tail bass or channel bass, greater than 32 inches in length. (b) Effective July lj 1990, paragraph {4} of subsection (a) of this Code section shall cease to be effective and there shall be no daily or possession limit with respect to striped bass or rockfish or striped-white bass hybrids."
Section 2. Said article is further amended by striking subsections (f) and (g) of Code Section 27-4-11, relating to size limits, and inserting in their place new subsections to read as follows:
"(f) It shall be unlawful to take or have in possession from any salt waters any red drum, commonly known as spot-tail bass or channel bass, less than 14 inches in length; except that on and after July 1^ 1990, this subsection shall cease to be effective and there shall be no minimum size limit for red drum.
(g) It shall be unlawful to take or have in possession from any salt waters any spotted sea trout, also known as winter trout or speckled trout, less than 12 inches in length; except that on and after July 1^ 1990, this subsection shall cease to be effective and there shall be no minimum size limit for spotted sea trout."
Section 3. An Act approved March 31, 1986 (Ga. L. 1986, p. 504), which Act amended said article by regulating the taking of certain species of fish, is amended by repealing in its entirety Section 4 which reads as follows:
"Section 4. Paragraph (4) of Code Section 27-4-10 (relating to creel and possession lim
its) and subsections (f) and (g) of Code Section 27-4-11 (relating to size limits) shall stand
repealed in their entirety on June 30, 1988."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
s
Alien YAthon Y Atkins Y Bailey

Barnett.M
vitu
Y Bishop YBostick Y Branch Y Brooks

Y Carrell
p-
.
* ^, , ,, YC ark,B Y Clark,H
Clark.L

Y Couch
---
Y Davia G Y Day M * "avis,M Y Dun.

Y Felton
Y sr
Y Green Y Greene
Gre8ham

VISE,

?ST

YSl

Ys

Y Hamilton

MONDAY, FEBRUARY 15, 1988

997

Y Manner Y Harris Y Hasty 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 Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Moultrie N Mueller

Y Oliver.C Y Oliver.M 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 Randall Ransom
YRay Reaves

Y Redding Y Richardson Y Ricketson 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 YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Y Thomas,M

Y Thompson Thurmond
Y Tolbert 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 Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1639.

By Representative McDonald of the 12th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of the superior court of Jackson County in the Piedmont 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 Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnett.M Beck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers

Y Clark,B Clark.H Clark.L
Y Colbert Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler
Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover

Y Hamilton Y Hanner
Y Harris Y Hasty
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 Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum

Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Y Phillips Pinkston
Y Pittman Y Porter Y Powell
Prichard Rainey

Y Ramsey.T
Y Ramsey.V Randall
Y Ransom YRay
Reaves
Y Redding Y Richardson Y Ricketson 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 Y Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert

998

JOURNAL OF THE HOUSE,

YTownsend YTriplett
Y Twiggs Y Waddle

Y Waldrep Walker.C
Walker.L Y Wall

Ware Y Watson
Y Watts White

Wilder Y Williams.B
Williams,J Y Wilson

Wood Workman
Y Yeargin Murphy,Spkr

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

HB 862. By Representative Colbert of the 23rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act", so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining municipality or county under certain circumstances.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, known as the "Solid Waste Management Act," so as to restrict in counties having more than a certain population the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circum stances; to provide certain exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, known as the "Solid Waste Management Act," is amended by adding between Code Sections 12-8-28 and 12-8-29 a new Code Section 12-8-28.1 to read as follows:
"12-8-28.1. (a) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, no permit shall be issued for a solid waste disposal site in any county having a population of more than 350,000 accord ing to the United States decennial census of 1980 or any future such census if any part of such site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; pro vided, however, that the director may permit such a site if the requesting county pro vides conclusive evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(b) The consent of an adjoining county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste disposal site is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal site is transferred."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Selman of the 32nd, moves to amend the Committee substitute to HB 862 as follows:
Beginning with the word "having" on line 19, Page 1, delete through the word "census" on Line 21.

MONDAY, FEBRUARY 15, 1988

999

On the adoption of the amendment, 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 Y Athon Y Atkins N Bailey Y Balkcom
Bannister
Bargeron
N Barnett.B
Barnett,M YBeck N Benefield
Benn N Birdsong Y Bishop N Bostick
Y Branch Y Brooks Y Brown YBuck N Buford NByrd Y Carrell N Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark,L
N Colbert

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

Y Holmes
Y Hooks Y Hudson Y Isakson N Jackson,J
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 N Lawson NLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy N McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

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

On the adoption of the amendment, the ayes were 118, nays 46. The amendment was adopted.

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

An amendment offered by Representative Clark of the 55th was read and withdrawn.

An amendment offered by Representatives Lawler of the 20th and Dobbs of the 74th was read and withdrawn.

An amendment offered by Representative Alien of the 127th was read and withdrawn.

The Committee substitute, as amended, was adopted.

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

Y Aaron N 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
Y Birdsong N Bishop Y Bostick
Y Branch N Brooks Y Brown YBuck

N Buford YByrd
Y Carrell Y Carter Y Chamblesi Y Chance
Y Cheeks Y Childers

N Clark.B
Y Clark.H Clark.L
Y Colbert
Y Coleman Y Colwell N Connell
Y Couch

1000

JOURNAL OF THE HOUSE,

YCoi Y Cravrford N Crosby Y Cummings,B N Cummings,M N Davis.G Y Davis,M Y Dixon Y Dobbs
Y Dover YDunn N Edwards Y Felton Y Floyd Y Foster YGaler
Y Godbee Y Goodwin
Y Green Y Greene N Greer
Y Gresham
Y Griffin
N Groover
N Hamilton Y Manner Y Harris Y Hasty

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 N Johnson ,R Y Kilgore Y Kingston N Lane.D Y Lane.R
Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord N Lucas Y Lupton Y Mangum

N Martin
Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
N Milford Y Mobley Y Moody Y Moore Y Mortal Y Mostiler Y Moultrie Y Mueller N Oliver.C N Oliver.M
Y Orrock N 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 Y Reaves
Y Redding Y Richardson Y Ricketson N Robinson Y Royal N 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

N Stanley Y Steinberg
Y Stephens Y Thomas.C N Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend N Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 143, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 862, by substitute, as amended, was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

MONDAY, FEBRUARY 15, 1988

1001

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 796. By Representatives Shepard of the 71st, Walker of the 115th and Murphy of the 18th: A resolution commending Mr. Kim Stephens and inviting him to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 803. By Representatives Hooks of the 116th, Murphy of the 18th, Walker of the 115th, McDonald of the 12th, Triplett of the 128th and Richardson of the 52nd: A resolution commending Dr. Jack Harwell.
HR 804. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution commending Dr. Benjamin S. Anderson, Jr.
HR 805. By Representative Triplett of the 128th: A resolution honoring Robert B. Sellers.
HR 806. By Representatives Wood of the 9th, Colwell of the 4th, Oliver of the 121st, Crosby of the 150th and Snow of the 1st: A resolution commending Dr. Marvin C. Goldstein.
HR 807. By Representatives Prichard of the 8th and Hasty of the 8th: A resolution commending the Cherokee County School System.
HR 808. By Representative Smith of the 78th: A resolution recognizing and commending Fred Moore and the Locust Grove Police Department.
HR 809. By Representatives Patten of the 149th, Beck of the 148th, Carter of the 146th, Reaves of the 147th and Greer of the 39th: A resolution commending the Lanier County Take Pride in America Commit tee.
The following Resolution of the House was read and referred to the Committee on Education:
HR 810. By Representatives Hooks of the 116th, Martin of the 26th, Mangum of the 57th, Dover of the llth and Orrock of the 30th: A resolution urging the State Department of Education to develop an educa tional curriculum to encourage the prevention of AIDS.

1002

JOURNAL OF THE HOUSE,

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

HR 621. By Representative Mobley of the 64th:
A resolution consenting to the annexation of certain state owned real prop erty located in Barrow County into the municipal limits of the City of Winder.

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 Y Alford
Alien Athon Atkins Bailey Batkcom Y Bannister Y Bargeron Y Barnett,B Barnett.M
YBeck Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Cheeks Childers
Y Clark.B Y Clark.H
Clark.L Y Colbert

Coleman
Y Colwell Connell
Y Couch YCox Y Crawford Y Crosby
Cummings,B Cummings,M Y Davis.G Y Davis.M Y Diron Y Dobbs Y Dover Dunn Y Edwards Y Felton
Y Floyd Y Foster YGaler Y Godbee Y Goodwin
Green
Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Heard
Y Hensley Y Herbert
Y Holcomb

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

Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Peters Y Pettit Y Phillips Pinkston Y Pittman Y Porter Y Powell
Prichard Rainey Y Ramsey.T Y Ramsey.V Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinaon 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 Y Steinberg
Stephens Thomas.C Thomas.M Y Thompson Thurmond Y Tolbert Y Townsend Triplett
Y Twiggs Waddle
Y Waldrep Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 113, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 573. By Representative Harris of the 84th: A resolution compensating Mr. Greg Harden.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, FEBRUARY 15, 1988

1003

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

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

Coleman Y Colwell
Connell Y Couch YCox Y Crawford Y Crosby
Cummings,B Cummings.M Y Davis.G
Y Davis,M Y Dixon Y Dobbs
Dover
Dunn Y Edwards
Felton Y Floyd Y Foster YGaler Y Godbee YGoodwin
Green Y Greene YGreer
Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris Y Hasty
Heard Y Hensley Y Herbert Y Holcomb

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

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

Y Sizemore Y Smith,L
Y Smith,P Smith.T Smith.W
Smyre
YSnow Y Stancil
Stanley Y Steinberg
Stephens
Thomas.C Thomas.M
Thompson Thurmond Y Tolbert Y Townsend Y Triplett YTwiggs Waddle
Y Waldrep 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 Murphy.Spkr

On the adoption of the Resolution, the ayes were 110, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 747. By Representatives Connell of the 87th, Ransom of the 90th, Padgett of the 86th, Jackson of the 83rd, Brown of the 88th and others:
A resolution designating the Savannah River Scenic Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 91, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 896. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agrirama Development Authority shall become members of said retirement system.

1004

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all offi cers and employees of the Georgia Agrirama Development Authority shall become mem bers of said retirement system; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-2-317 to read as follows:
"47-2-317. (a) As used in this Code section, the term 'Georgia Agrirama Develop ment Authority' or 'authority' means the Georgia Agrirama Development Authority established by Chapter 3 of Title 2.
(b) Effective on July 1, 1988, or on first becoming officers or employees of the Georgia Agrirama Development Authority, all such officers and employees shall become members of the retirement system. Any officer or employee of the authority who was already a member of the retirement system on July 1, 1988, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1988, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. Except as otherwise provided in this subsection, any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334.
(c) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated or otherwise available for the operation of the Georgia Agrirama Development Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
Section 2. This Act shall become effective on July 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 90, nays 2.
The Chair voted "aye".
On the passage of the Bill, by substitute, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1665.

By Representatives Twiggs of the 4th and Dobbs of the 74th:
A bill to amend Code Section 32-6-21 of the Official Code of Georgia Anno tated, relating to securing loads on vehicles, so as to specify the manner in which pulpwood or logs shall be secured when transported upon any public road or highway in this state.

MONDAY, FEBRUARY 15, 1988

1005

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 32-6-21 of the Official Code of Georgia Annotated, relating to securing loads on vehicles, so as to specify the manner in which pulpwood or logs shall be secured when transported upon any public road or highway in this state; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-21 of the Official Code of Georgia Annotated, relating to securing loads on vehicles, is amended by adding a new subsection (e) to read as fol lows:
"(e) (1) Each load of pulpwood or logs transported upon any public road or high way in this state by any vehicle with permanent, fixed, or trip standards shall be secured with binder chains of at least one-quarter inch high-tensile strength or cables, straps, or other chains of equivalent strength. All such chains, cables, or straps shall be equipped with a tightening device. All pallets or racks used to carry pulpwood or logs shall be bound to the frame or body of the truck or trailer at the bottom. The driver shall be required to examine such chains, cables, or straps and the safety of the load before departing from the point of origin.
(2) Each load of short pulpwood loaded perpendicular to the axis of the truck body shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications provided in paragraph (1) of this subsection.
(3) Each tree length load of pulpwood or logs shall be required to be secured with no less than two binder chains or cables, straps, or other chains meeting the specifica tions provided in paragraph (1) of this subsection which shall be located approxi mately at the center and end of the load.
(4) Each load of pulpwood or cut logs loaded on multiple racks, where each rack is individually loaded, shall be required to be secured by only one binder chain or cable, strap, or other chain meeting the specifications of paragraph (1) of this subsec tion."
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 112, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Bargeron of the 108th wished to be recorded as voting "nay" on HB 1665.

HB 1370.

By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to certain unfair or deceptive practices in consumer trans actions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers shall be declared unfair or deceptive acts or practices and shall be unlawful.

1006

JOURNAL OF THE HOUSE,

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

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

Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings,M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
YDunn 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 Hanner Y Harris Y Hasty 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 YLane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee
Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
YMilam Milford
Y Mobley Y Moody Y Moore YMorton

Mostiler Moultrie
Y Mueller Y Oliver.C
Y Oliver.M 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 YRainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson 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
Thomas.M Y Thompson
Thunnond Y Tolbert
Y Townsend Y Triplett YTwiggs Y Waddle
Y Waldrep Walker.C Walker,L
Y Wall
YWare Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1670.

By Representatives Richardson of the 52nd, Workman of the 51st, Aaron of the 56th, Alford of the 57th, Lawrence of the 49th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the numbers of judges of superior courts, so as to provide for a ninth judge of the superior courts of the Stone Mountain Judicial Cir cuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.

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

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford Y Alien Y Athon
Atkins Y Bailey

Y Balkcom Y Bannister Y Bargeron
Bainett.B Barnett.M
YBeck Y Benefield
Benn Y Birdsong

Y Bishop
Y Bostick Y Branch Y Brooks Y Brown
YBuck Y Buford
YByrd Y Carrell

Y Carter
Y Chambless Y Chance
Cheeks
Y Childers Clark,B
Y Clark,H Clark,L
Y Colbert

Coleman Y Colwell
Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings.B
Cummings,M

MONDAY, FEBRUARY 15, 1988

1007

Y Davis.G Y Davis.M
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
Harris
Y Hasty
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
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 McCoy Y McDonald

McKelvey McKinney Y Meadows Milam
Y Milford Y Mobley
Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller
Y Oliver.C Y 01iver,M
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
Randall Ransom
Y Ray Reaves Redding
Y Richardson Y Ricketson Y Robinson
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 Y Snow Y Stancil Y Stanley

Y Steinberg Stephens
Y Thomas.C Thomas.M
Y Thompson Thurmond
Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1123.

By Representative Richardson of the 52nd:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Anno tated, 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.

The following Committee substitute was read and adopted:

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 custo dial parent has a right of action against persons who sell or furnish alcoholic beverages to certain minors; to provide for statutory construction; 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 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) A father fit-, tf the father dead, a mother, The custodial parent or parents shall have a right of action against any person who shall sell or furnish alcoholic bever ages to his er h** that parent's underage child for the child's use without the permission of the child's parent."
Section 2. Nothing in this Act shall be construed to create any new or additional cause of action.
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.

1008

JOURNAL OF THE HOUSE,

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

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

Y Coleman
Y Colwell Connell
Y Couch YCox
Y Crawford Y Crosby Y Cummings,B
Cummings.M
Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn 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 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
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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Moultrie
Y Mueller Y Oliver.C
Oliver.M 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 YRainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson
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 YSmyre YSnow Y Stancil
Y Stanley Y Steinberg
Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 0.

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

HB 1280.

By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Anno tated, relating to transfer of tax executions, so as to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable.

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 Atkins
Y Bailey Y Balkcom Y Bannister
Y Bargeron

Y Barnett.B Barnett.M
YBeck Y Benefield
Benn Y Birdsong

Y Bishop Y Bostick Y Branch
Brooks
Y Brown YBuck

Y Buford YByrd
Y Carrell Y Carter Y Chambless
Y Chance

MONDAY, FEBRUARY 15, 1988

1009

Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman
Colwell Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon Dobbs Y Dover YDunn 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 Y Banner Y Harris
Y Hasty 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 Y Langford Y Lawler
Y Lawrence Y Lawson YLee

Y Linder
YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M 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
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson 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
Stephens Y Thomas.C Y Thomas,M
Y Thompson Thurmond Tolbert
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
Williams,J Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

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

HB 1420.

By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require certain local governments to file an annual report of local government finances with the Department of Community Affairs.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Anno tated, relating to local government budgets and audits, so as to require certain local governments to file an annual report of local government finances with the Department of Community Affairs; to provide that the submission of such reports shall be a condition of receipt of state funds; to authorize the department to release grant funds to local governments; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Anno tated, relating to local government budgets and audits, is amended by striking Code Section 36-81-8 in its entirety and inserting in lieu thereof a new Code Section 36-81-8 to read as follows:
"36-81-8. (a) Each unit of local government shall submit an annual report of local government finances to the Department of Community Affairs. The report shall include the revenues, expenditures, assets, and debts of all funds and agencies of the local government, and other such information as may be reasonably requested by the depart ment. The report shall be filed on a form promulgated by the department and shall be submitted within the requested time periods established by the department.

1010

JOURNAL OF THE HOUSE,

(b) The department shall have the authority to require local governments to submit the report as provided for in subsection (a) of this Code section as a condition of such local government receiving state appropriated funds from the department. Upon the receipt of the report of local government finance from a local government, the depart ment is authorized to release any state appropriated grant funds that may be due at such time to the local government.
(c) The department's implementation of subsections (a) and (b) of this Code section shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and the department is specifically directed to promulgate the form provided for in sub section (a) of this Code section in the manner provided for promulgation of rules under Chapter 13 of Title 50.
{a} (d) Utilizing information contained in audit reports of local governments filed with the state auditor, the report of county or municipal finances filed with the Depart ment of Community Affairs, and other available state or federal information of public record, the Department of Community Affairs shall prepare annually a report on local government finances. The report shall be filed on January 15 of each year, beginning January 15, 1985, with the Governor, the Speaker of the House of Representatives, the President of the Senate, the chairman of the House Ways and Means Committee, the chairman of the House State Planning and Community Affairs Committee, the chairman of the Senate Banking and Finance Committee, and the chairman of the Senate Urban and County Affairs Committee, as well as with the chief elected official or chief appointed official of each local unit of government upon request.
{b} (e) The report shall be organized, within the limits of available resources, in such a manner as to allow for reasonable comparative analysis of local government revenues and expenditures.
{e) (f) The department, in addition to its other duties, shall assist local units of government in fulfilling the requirements of this article. The department shall coordi nate its technical assistance efforts with the state auditor, the University System of Georgia, the Association County Commissioners of Georgia, the Georgia Municipal Asso ciation, and the Georgia Society of Certified Public Accountants and should coordinate with any other organizations interested and currently active in local government finan cial management so as to ensure that coordination of training and assistance is main tained. The department may contract or subcontract with other public or private agencies to provide assistance to local units of government."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Clark.B
Y Clark.H Clark,L
Y Colbert
Y Coleman Colwell Connell Couch
YCoi
Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon

Dobbs Y Dover
YDunn
Y Edwards Y Felton Y Floyd Y Foster YGaler
Y Godbee Y Goodwin Y Green Y Greene Y Greer N Gresham Y Griffin Y Groover

Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard
N Hensley Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson,W
Y Jamieson Y Johnson.D

MONDAY, FEBRUARY 15, 1988

1011

Y Johnson,R Y Kilgore V Kingston
Lane.D YLane.R Y Langford
Lawler Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney
Meadows YMilam
Y Milford Y Mobley
Moody Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters

Pettit Y Phillips
Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson
Y Royal YSelman

N 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 Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Y Thurmond Y Tolbert

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

On the passage of the Bill, by substitute, the ayes were 141, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 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.

Representative Shepard of the 71st moved that HB 1160 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 N Adams.M
Aiken N Alford N Alien N Athon
Atkins
N Bailey N Balkcom Y Bannister N Bargeron N Barnett,B
Barnett.M NBeck N Benefield
Benn
N Birdsong N Bishop N Bostick N Branch
Brooks N Brown NBuck

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

YDobbs N Dover
NDunn N Edwards N Felton N Floyd
N Foster NGaler N Godbee N Goodwin
N Green
N Greene N Greer
Y Gresham N Griffin N Groover N Hamilton
N Manner N Harris N Hasty Y Heard N Hensley N Herbert N Holcomb

N Holmes N Hooks
Y 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
N Langford N Lawler N Lawrence
N Lawson NLee N Linder NLong
YLord N Lucas N Lupton N Mangum

N Martin
N McCoy N McDonaJd N McKelvey
N McKinney N Meadows YMilam N Milford N Mobley
N Moody N Moore Y Morton N Mostiler N Moultrie Y Mueller N Oliver.C N Oliver,M
Orrock N Padgett N Pannell
N Parham N Parrish N Patten N Peters

1012

JOURNAL OF THE HOUSE,

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

N Ray N Reaves
Redding N Richardson N Ricketson N Robinson N Royal
Selman Y Shepard N Sherrod N Simpson
Sinkfield

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

Thomas.M Thompson Thurmond N Tolbert N Townsend Triplett N Twiggs
N Waddle N Waldrep N Walker.C N Walker.L N Wall

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

On the motion, the ayes were 16, nays 137. The motion was lost.

The following Committee substitute and amendment, having been previously adopted, were again read:

A BILL
To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distri bution of insurance premiums taxes; to delete certain provisions requiring the Commis sioner to provide certain estimated revenue statements to certain cities and counties; to require revenues received by a county to be expended on services to inhabitants of the unincorporated areas of the county; to repeal the provisions relating to adjustment of ad valorem taxes of inhabitants of the unincorporated areas of counties; to change provisions relating to effect on certain county tax caps; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes upon insurance companies, is amended by striking Code Section 33-8-8.1, relating to county and municipal taxation of life insurance companies, Code Section 33-8-8.2, relating to county and municipal taxation of other insurance companies, and Code Section 33-8-8.3, relating to reduction of ad valorem taxes in unincorporated areas, and inserting in their place new Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3 to read as follows:
"33-8-8.1. (a) As used in this Code section, the term 'life insurance company' means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1).
(b) Life insurance companies are subject to county and municipal corporation taxes levied as follows:
(1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 33-8-4, which are received during the pre ceding calendar year from policies insuring persons residing within the unincorporated area of the counties pursuant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code Section 33-8-5, for the reduction ef to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity considerations; and
(2) Municipal corporations whose ordinances have been filed with the Commis sioner are authorized to impose a tax on each life insurance company doing business within the state, which tax shall be based solely upon the gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the corporate limits of the municipal

MONDAY, FEBRUARY 15, 1988

1013

corporation pursuant to the provisions of this Code section; provided, however, that the rate of the tax may not exceed 1 percent of the premiums. The tax imposed shall not apply to annuity considerations. (c) (1) On March 1, 1984, and on that date in each subsequent year, each life insur ance company shall file a certified return on a form prescribed by the Commissioner showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement.
(2) On or before June 16; 1084, find en the same date in each subsequent year, the Commissioner snail provide te each county and municipal corporation which is impoS'
of money trie directed county of municipfli corporsWOR is expected to receive Ddsed entile reperts fited pursuant te paragraph fo> ef thia subsection. Reserved.
(3) On or before October 16; 1084, August 1, 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to subsection (b) of this Code section on behalf of counties and municipal corporations whose ordi nances have been filed with the Commissioner. The tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Pen alty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes. (d) Taxes imposed by subsection (b) of this Code section shall be allocated and dis tributed to counties and municipal corporations as follows:
(1) A portion of the total amount of life insurance premiums taxable by the state, exclusive of premiums collected by companies which qualify for the reduction to onehalf of 1 percent of the state tax, shall be allocated to counties based upon the ratio that the total population of all unincorporated areas in the state bears to the total population in the state. The amount of the tax base so allocated to counties shall be taxed at the rate levied for county purposes. The tax shall be distributed to each county governing authority by the Commissioner based upon a fraction, the numerator of which is the population of the unincorporated area of that county and the denomi nator of which is the population of all unincorporated areas of the state; and
(2) A portion of the total amount of life insurance premiums taxable by the state shall be allocated to all municipal corporations based upon the ratio that the total population of all municipal corporations bears to the total state population. The amount of the tax base so allocated to municipalities shall be distributed to each municipal corporation based upon the fraction, the numerator of which is the popu lation of that municipal corporation and the denominator of which is the population of all municipal corporations in the state. The amount of the tax base so distributed to each municipality shall be taxed at the rate levied by that municipality; and taxes levied by each municipal corporation shall be distributed based upon the tax rate levied by each such municipal corporation. (e) On or before January 1 of the first year that the tax is levied, each municipal corporation levying the tax shall file with the Commissioner a certified copy of the perti nent parts of all ordinances and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance. On or before February 1 of each year the Commissioner shall furnish a list of all municipal corporations levying the tax for that year to each life insurance company in the state. (f) Life insurance companies may deduct from premium taxes otherwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the taxes imposed pursuant to subsection (b) of this Code section and paid to the Commissioner on behalf of any county and municipal corporation during the pre ceding calendar year. (g) On or before December 16; 1084, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commis sioner. On or before December 16; 1086, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually col lected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed.

1014

JOURNAL OF THE HOUSE,

(h) Amounts collected by the Commissioner under or due under former Code Section 33-8-8.1 shall be collected and disbursed as provided in former Code Section 33-8-8.1.
(i) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency per taining to any newly incorporated municipality.
33-8-8.2. (a) Counties and municipal corporations are authorized to levy tax at a rate not to exceed 2.5 percent upon the gross direct premiums of all foreign, alien, and domestic insurance companies doing business in this state other than life insurance companies. The tax shall be in addition to the taxes levied by Code Section 33-8-4, and it may be levied upon the gross direct premiums received by such companies during the preceding calendar year. The tax shall be levied upon premiums derived from policies insuring persons, property, or risks in Georgia from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received during the pre ceding calendar year from direct writing without any deductions allowed from premium abatement of any kind or character or for reinsurance or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned or change of rate or canceled policies; provided, further, that deductions shall be permitted for returned premiums or assessments, including all policy dividends, refunds, or other simi lar returns paid or credited to policyholders.
(b) The taxes provided in this Code section are county and municipal taxes and shall be levied for county and municipal purposes and shall be collected and distributed as follows:
(1) On or before January 1 of the first year that the tax is levied, each county and municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance or resolution;
(2) On or before February 1 of each year, the Commissioner shall furnish to each insurance company a list of all counties and municipal corporations where the tax as authorized by this Code section has been imposed for the then current year together with the applicable tax rate levied by each such county and municipal corporation and the population percentages by which the taxes are to be allocated to each such county and municipal corporation as provided in this Code section;
(3) (A) On March 1, 1984, and on the same date in each subsequent year, each insurance company upon which a tax is imposed by subsection (b) of this Code section shall file a certified return on a form prescribed by the Commissioner show ing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement.
(B) 0 or before June W; 1084, and e the sane date in each- subsequent year?

1MlpOSinJ ft tflX VR ftCCOFuflIWJC Wlttl till3 l^OQC 9GCt/lOn, ft StSI/GMICnt Or the ft911IHfttCQ
&mount Of money tnc strcct-cci county or municip&i corporation ts expcctcct to receive based e the reports filed pursuant te subparagraph (b)(3)(A) ef this Code section. Reserved.
(C) On or before October 16; 1084, August 1^ 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to this Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The premiums tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes;
(4) The total amount of premiums taxable by the state on insurance companies as defined in this Code section shall be allocated to each county unincorporated area and each municipal corporation based upon a fraction, the numerator of which is the population of the unincorporated area or municipal corporation and the denominator

MONDAY, FEBRUARY 15, 1988

1015

of which is the total population of the state. Tax rates levied by each county shall be applied to the premiums allocated to its unincorporated area, and tax rates levied by each municipal corporation shall be applied to the premiums allocated to it; and
(5) On or before December W; 1084, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by coun ties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before December W; 1086, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed. (c) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency per taining to any newly incorporated municipality. (d) Any county or municipal corporation which, on January 1, 1983, levied a tax on all premiums of insurance companies, other than life insurance companies, at a rate in excess of 2.5 percent may continue to levy the tax at a rate in excess of 2.5 percent, provided that the rate of such tax shall not exceed the rate which was in effect in such county or municipal corporation on January 1, 1983, reduced annually beginning Janu ary 1, 1984, by one-third of the difference between such January 1, 1983, rate and 2.5 percent, so that the rate levied on January 1, 1986, shall not exceed 2.5 percent. 33-8-8.3. The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by county governing authorities solely for the purpose of reducing ad valorem taxes ef the inhabi tants ef the unincorporated areas ef such counties providing county services to the inhabitants of the unincorporated areas of such counties, fe fixing the ad valorem ta* millage rate for the year 1084 and any year thereafter, the governing authorities ef countics sfiflii T&C sutfiopized find directed TO reduce such sd vftiorem tsx min&^e Pfltc on tsx* ftDIG propePly wittiin trie uninCOPpopftted flpess or sucn counties to onset ftii of Tiie

computing the tax eapv"
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 Groover of the 99th moves to amend the Committee substitute to HB 1160 as follows:
By striking 33-8-8.3 on Pages 9 and 10 and inserting the following:
"33-8-8.3 Each county governing authority receiving funds from the tax authorized by this Chapter of this Title shall not consider such sums when establishing their budget and fixing any millage rate required to fund such budget and such sums shall be appor tioned among the owners of homes eligible for homestead exemption as credit on any ad valorem tax including school tax which may be due on the taxes on the taxpayers' real property eligible for such homestead."
The previous question was ordered.
Representative Kilgore of the 42nd 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:

1016

JOURNAL OF THE HOUSE,

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

Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford N Crosby Y Cummings.B
Cummings.M N Davis.G N Davis.M
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 N Groover N Hamilton Y Hanner Y Harris N Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Y Holmes Y Hooks N 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 N Linder N Long YLord N Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore N Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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 Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman N Shepard Y Sherrod
Y Simpson
Sinkfield

On the motion, the ayes were 141, nays 18. The motion prevailed.

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

The Groover amendment was withdrawn.

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 Atkins
Y Bailey Y Balkcom N Bannister
Bargeron Y Barnett.B
Barnett,M YBeck Y Benefield YBenn
Y Birdsong Bishop
N Bostick Y Branch
Brooks Y Brown YBuck

Buford
YByrd N Carrell
N Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L N Colbert Y Coleman N Colwell
Connell
Y Couch YCox Y Crawford N Crosby Y Cummings.B
Cummings.M Davis.G N Davis.M N Dixon

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

Y Holmes Y Hooks
Y Hudson N Isakson N Jackson,J
Jackson,W
Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore N Kingston Y Lane.D N Lane.R Y Langford
Y Lawler Y Lawrence N Lawson YLee N Linder N Long
YLord Y Lucas Y Lupton
Y Mangum

Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Y Milam Y Milford
Y Mobley N Moody Y Moore N Morton Y Mostiler
Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Orrock N Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters

MONDAY, FEBRUARY 15, 1988

1017

YPettit Y Phillips
Pinkston
Y Pittman Y Porter YPowell Y Prichard YRainey
Ramsey.T YRamsey.V
Randall Y Ransom

NRay Y Reaves
Redding
Y Richardson N Ricketson Y Robinson Y Royal Y Selman N Shepard Y Sherrod Y Simpson
Sinkfield

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

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

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

On the passage of the Bill, by substitute, the ayes were 119, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Carrell of the 65th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Ransom of the 90th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

With reference to HB 1160, Representative Cheeks of the 89th submitted the follow ing statement:

I asked the Chair if the prime tax (insurance) would stay under the Tax Cap (with a rollback in property taxes), answer was "yes"! In fact, the answer should have been "no". I voted "yes", thinking it would have stayed under the cap.
/s/ Don Cheeks of the 89th

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 1550.

By Representatives Lawson of the 9th, Jackson of the 9th and Wood of the 9th:
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 provide for the terms and conditions under which counties or municipalities may enter into multiyear lease, purchase, or lease purchase contracts.

The following amendment was read and adopted:

Representatives Walker of the 115th, Groover of the 99th and Lawson of the 9th move to amend HB 1550 by adding a new Section 2 to read as follows:
"The governing body of each municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501(C) (6) of the Internal Revenue Code to utilize such organizations to identify, attract and locate new business and industry into the municipality for the purpose of increasing trade, industry, agri-business, com merce and tourism, and the improvement of employment opportunities within the municipality and to otherwise promote the general welfare of the municipality.".
Renumber Section 2 as Section 3.

1018

JOURNAL OF THE HOUSE,

The following amendment was read and lost:
Representatives Crosby of the 150th and Dixon of the 151st move to amend HB 1550 as follows:
Strike Line 14, Page 1 and insert in lieu thereof "36-60-12. (a) Each county having a population of 50,000 or more according to the 1980 or any future decennial census and each municipality located therein".

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
Atkins Y Bailey Y Balkcom N Bannister Y Bargeron
Y Barnett,B Barnett.M
YBeck Benefield Benn
Y Biidsong Y Bishop Y Bostick Y Branch
Brooks N Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks N Childers
Clark,B Y Clark,H
Clark.L
Y Colbert

Coleman Colwell Connell
Y Couch YCox
Crawford N Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M N Dixon Y Dobbs Y Dover YDunn
Edwards Y Felton
Y Floyd Y Foster Y Galer
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham N Griffin Y Groover Y Hamilton Y Hanner N Harris
Hasty Y Heard
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
N 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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam N Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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 Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

On the passage of the Bill, as amended, the ayes were 135, nays 15.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1261.

By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Thompson of the 20th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, so as to provide that chiefs of police shall be the municipal corporations' jailers; to provide for the keeping of records.

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

MONDAY, FEBRUARY 15, 1988

1019

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
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
Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Clark,B Y Clark,H Clark,L
Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn
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 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 Y Lawler Y Lawrence
Y Lawson YLee Y Under YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M 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
Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y 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 Y Steinberg Y Stephens
Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Tolbert
Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L
YWaU Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was

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

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

Representative Barnett of the 10th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1285 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Mobley of the 64th, Twiggs of the 4th and Barnett of the 10th.

1020

JOURNAL OF THE HOUSE,

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 1369.

By Representatives Mangum of the 57th, Athon of the 57th and Greene of the 130th:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance of school-age children, so as to change the age of children to which compulsory school attendance shall apply.

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
Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnett,M YBeck
Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford NByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B N Clark.H
Clark.L
N Colbert

Coleman
N Colwell Conneil
Y Couch YCox N Crawford
Crosby
Y Cummings.B Y Cummings.M
Y Davis.G Davis.M
Y Dixon N Dobbs N Dover YDunn
Edwards Y Felton Y Floyd Y Foster YGaler
Y Godbee Y Goodwin Y Green Y Greene Y Greer
N Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty N Heard Y Hensley Y Herbert Y Holcomb

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

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

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

On the passage of the Bill, the ayes were 122, nays 32. The Bill, having received the requisite constitutional majority, was passed.

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

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provisions relating to sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.

MONDAY, FEBRUARY 15, 1988

1021

Representative Hudson of the 117th moved that the House insist on its position in disagreeing to the Senate substitute to HB 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.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Ray of the 98th, Bostick of the 138th and Hudson of the 117th.

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

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.

Representative McDonald of the 12th moved that the House insist on its position in amending same.
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 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.

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

HB 1533.

By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others:
A bill to provide for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Chatham County.

1022

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To provide for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, all municipalities within Chatham County which levy ad valorem property taxes, and the independent school system of Chatham County and the City of Savannah; to provide for definitions; to provide for certification of taxable values and millage rates by the chief tax assessor of Chatham County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide for the mailing of notices in lieu of publication; to provide the proce dure for adopting the ordinance or resolution; to provide for notice of available homestead exemptions from ad valorem taxes; 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. As used in this Act, the term: (1) "Ad valorem tax" or "property tax" means a tax imposed upon the assessed
value of property. (2) "Governing authority" means that official or group of officials responsible for
governance of a taxing jurisdiction. (3) "Mill" means one one-thousandth of a United States dollar. (4) "Millage" or "millage rate" means the levy, in mills, which is established by
the governing authority for purposes of financing, in whole or in part, the county's or municipality's expenses for its fiscal year.
(5) "Taxing jurisdiction" means Chatham County, the various municipalities of Chatham County, or the independent school system of Chatham County and the City of Savannah.
Section 2. The chief tax assessor of Chatham County shall forward tax digests to the governing authorities of each taxing jurisdiction within Chatham County. The chief tax assessor shall certify:
(1) The assessed taxable value of all property which is subject to taxation within the taxing jurisdiction;
(2) A statement of the assessed taxable value of all new construction and additions and structures added to and deleted from the digest for that year; and
(3) Instructions to the governing authority describing the method to compute a millage rate which, exclusive of new construction, additions, deletions, and property added or deleted due to geographic boundary changes, will provide the same ad valorem tax revenue for the taxing jurisdiction as was levied during the prior year. For purposes of this paragraph, "new construction" shall mean structures which were not in existence on the assessment date of the prior year's tax digest, "additions" shall mean the improvements added to real property since the assessment date of the prior year's tax digest, and "deletions" shall mean structures destroyed or otherwise removed from real property since the assessment date of the prior year's tax digest. For computation purposes, the governing authority shall utilize the digest amount so determined after adjusting for new construction, additions, deletions, and property additions or deletions due to boundary changes. The millage rate so determined shall be termed the "roll-back rate."
Section 3. (a) No millage may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolu tion or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this section. Whenever a governing authority shall propose to adopt a millage rate which

MONDAY, FEBRUARY 15, 1988

1023

does not exceed the "roll-back rate," it may establish its millage rate pursuant to this sub section.
(b) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the "roll-back rate," the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or reso lution establishing a millage rate in excess of the "roll-back rate." The meeting shall be held not later than two weeks following the date when the proposed millage rate was determined.
(c) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the affected taxing jurisdiction, which shall read as follows:
NOTICE OF PROPERTY TAX INCREASE
The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over "roll-back rate") per cent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).
A FINAL DECISION on the proposed tax increase will be made at this hearing. (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. In lieu of publication of the notice required in this section, the governing authority may mail a copy of the notice to each elector residing within the taxing jurisdiction. (e) At the final hearing, the millage rate shall be adopted. The ordinance or resolu tion shall specify the "roll-back rate" and the final millage rate. In no event shall the gov erning authority levy a millage rate in excess of the proposed millage rate as established pursuant to subsection (b) of this section. (f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice require ments of subsections (a) and (c) of this section. (g) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Code Sections 48-5-271 and 48-5-272 shall not require new advertisement and hearings as required in this section.
Section 4. The chief tax assessor of Chatham County shall, in the period from Janu ary 1 through March 31 of each year, place a notice in a newspaper of general circulation in the county, which notice shall inform the residents of Chatham County and all munici palities in the county of the various homestead exemptions from county, municipal, and school district ad valorem taxes available and shall specify the qualifications for eligibility for such exemptions. The notice required by this section shall be published for at least six consecutive days during such period.
Section 5. Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduc tion of the millage rate.
Section 6. This Act shall become effective January 1, 1989.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Hamilton of the 124th moved that the House agree to the Senate sub stitute to HB 1533.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

1024

JOURNAL OF 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 Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 16, 1988

1025

Representative Hall, Atlanta, Georgia Tuesday, February 16, 1988

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 Leroy Spivey, Pastor, Baxley Church of God, Baxley, 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 1736. By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th: A bill to amend an Act incorporating the City of Port Wentworth, so as to change the provisions relative to the election of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1737. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd: A bill to amend an Act providing a new charter for the City of Dalton, so as to provide the authority to the governing body of such City to grant a permanent easement for the use of a certain specified air space as a pedes trian bridge by the Dalton-Whitfield County Hospital Authority, owner, and Hamilton Medical Center, Inc. d/b/a Hamilton Medical Center, lessee.
Referred to the Committee on State Planning & Community Affairs - Local.

1026

JOURNAL OF THE HOUSE,

HB 1738. By Representatives Clark of the 20th, Thompson of the 20th, Aiken of the 21st, Atkins of the 21st, Oliver of the 121st and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic ref eree" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delinquent children.
Referred to the Committee on Special Judiciary.

HB 1739. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1740. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer; to change cer tain provisions relating to applicability and effect of certification require ments.
Referred to the Committee on Public Safety.

HB 1741. By Representative Waldrep of the 80th:
A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the election of city council members from dis tricts by the residents of such districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1742. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide that vehicles shall be registered and licensed to operate in Bartow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1743. By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Anno tated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light.
Referred to the Committee on Public Safety.

TUESDAY, FEBRUARY 16, 1988

1027

HB 1744. By Representative Ray of the 98th:
A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1745. By Representatives Groover of the 99th, Buford of the 103rd, Lucas of the 102nd and Pinkston of the 100th:
A bill to repeal an Act relating to procedures for recall of members of the board of commissioners of Bibb County, to provide for related matters.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1746. By Representative Ray of the 98th:
A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1747. By Representative Ware of the 77th:
A bill to amend Code Section 33-10-2 of the Official Code of Georgia Anno tated, relating to assets excluded from consideration in the determination of the financial condition of an insurer, so as to provide for the allowance of the use of good will under limitations imposed by rules of the Commissioner of Insurance.
Referred to the Committee on Insurance.

HB 1748. By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of longterm care insurance policies; to provide a statement of legislative purpose.
Referred to the Committee on Insurance.

HR 800. By Representatives Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd, Johnson of the 123rd, Kingston of the 125th and others:
A resolution designating the Benjamin M. Garfunkel Bridge.
Referred to the Committee on Transportation.

HR 812. By Representatives Dover of the llth, Triplett of the 128th, Colwell of the 4th, Jackson of the 9th and Twiggs of the 4th:
A resolution creating the House Vehicle Weight Study Committee.
Referred to the Committee on Rules.

1028

JOURNAL OF THE HOUSE,

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

HB 1765. By Representative Dunn of the 73rd:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to provide for the duty to verify that the person to whom an alcoholic beverage is sold or otherwise furnished is 21 years of age or older under certain circumstances.
Referred to the Committee on Regulated Beverages.

HB 1768. By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Anno tated, relating to state, county, and municipal road systems, and Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
Referred to the Committee on Transportation.

HB 1769. By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to change the definition of the terms "relocation assistance" and "revenue bonds"; to change the powers of the authority; to provide for compliance with federal law.
Referred to the Committee on Transportation.

HB 1770. By Representatives Childers of the 15th, Pannell of the 122nd, Adams of the 79th and Chambless of the 133rd:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Anno tated, relating to operating permits and disaster preparedness plans for cer tain institutions, so as to provide that certain hospitals shall remit annual license fees; to provide that an amount corresponding to the collected license fee amounts should be appropriated to the "Indigent Health Care Provider Reimbursement Fund" annually by the General Assembly.
Referred to the Committee on Health & Ecology.

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

HB 1727 HB 1728 HB 1729 HB 1731 HB 1732 HB 1733 HB 1734 HB 1735 HR 799

HR 811 SB 442 SB 505 SB 529 SB 551 SB 554 SB 555 SB 574 SB 594

TUESDAY, FEBRUARY 16, 1988

1029

SB 608 SR 265

SR 347 SR 356

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 and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1691 Do Pass HR 587 Do Pass, by Substitute HR 588 Do Pass, as Amended
Respectfully submitted, /s/ McDonald of the 12th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 1282 Do Pass HB 1361 Do Pass, by Substitute HB 1364 Do Pass, by Substitute

SB 544 Do Pass, as Amended SB 491 Do Pass SB 536 Do Pass

Respectfully submitted, /s/ Watson of the 114th
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 430 Do Pass SB 561 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:

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Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1322 Do Pass, by Substitute
Respectfully submitted, /a/ Dixon of the 151st
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 722 Do Pass SR 296 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Bostick of the 138th District, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 1292 Do Pass HB 1461 Do Pass, by Substitute

HB 1568 Do Pass HB 1724 Do Pass

Respectfully submitted, /s/ Bostick of the 138th
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 has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1333 Do Pass, as Amended
HB 1499 Do Pass HB 1501 Do Pass, by Substitute HB 1502 Do Pass

HR 748 Do Pass SB 437 Do Pass, by Substitute SB 479 Do Pass

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

TUESDAY, FEBRUARY 16, 1988

1031

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 1089 Do Pass HB 1616 Do Pass, as Amended HB 1634 Do Pass, by Substitute HB 1711 Do Pass HB 1712 Do Pass HB 1719 Do Pass

HB 1720 Do Pass HB 1721 Do Pass HB 1723 Do Pass HB 1725 Do Pass HB 1726 Do Pass SB 603 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, FEBRUARY 16, 1988

Mr. Speaker and Members of the House:

The House Committee on Rules has set the calendar for this 26th Legislative Day as enumerated below:

HB 1549 HB 1596 HB 1597 HB 1622 HB 1623 HB 1626 HB 1650 HB 1671 HB 1707

Torts: Dental Students: Cert. Immunity Boat Safety Act: Flotation Device: Define Hunting and Fishing Licenses: Nonresidents: Elderly Teachers: Health Insurance: Employer's Contributions State Employees: Health Insurance: Computing Contributions State Prop. Comm.: Acquisition Services for Other Agencies Nuisances: Buildings Unfit for Human Habitation: Juris Ga. Life & Health Insurance Guaranty Assoc.: Applicability Coroner's Training Course: Expense Allowance

HR 552 Seed-Capital Fund: Create HR 664 Vietnam Memorial: Erect on Grounds of Floyd Building HR 699 Childs, Honorable Peggy: Place Portrait in LOB HR 707 Helena: Grant Easement: Water Service Facilities

SB 502 Brunswick Port Auth.: Transfer Property to Ga. Port Auth. SB 504 Brunswick Port Auth.: Transfer Property to Ga. Port Auth. SB 582 Apportionment: Senate Districts 15 & 16

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:

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HB 1089.

By Representative Sinkfield of the 37th:
A bill to amend an Act which completely and exhaustively revised, super seded, consolidated, and replaced all of the laws and amendments thereto pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to change the provisions relating to procedures for disciplinary actions.

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

Representative McKinney of the 35th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1089.

HB 1616.

By Representatives Isakson of the 21st, Clark of the 20th, Aiken of the 21st, Hensley of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to permit the authority to acquire, construct, own, and operate electric power generation facilities as an incidental part of waterworks projects.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1616 by striking on line 13 of page 1 the following:
"electric",
and inserting in its place the following:
"hydroelectric".
By striking on line 32 of page 2 the following:
"electric",
and inserting in its place the following:
"hydroelectric".
By striking in their entirety lines 13 through 16 of page 5 and inserting in lieu thereof the following:
"projects which include hydroelectric power generation components as an incidental part thereof or using or selling at wholesale the electric power generated therefrom.'"

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 1634. By Representative Holmes of the 28th: A bill to provide for urban enterprise zones in the City of Atlanta.

TUESDAY, FEBRUARY 16, 1988

1033

The following Committee substitute was read and adopted:

A BILL
To provide for urban enterprise zones in the City of Atlanta; to provide a short title; to provide for findings, purposes, and intent; to provide for definitions; to provide for the creation of certain zones and for ad valorem property tax exemptions upon certain inven tories and real property located therein; to provide criteria for the creation of zones; to provide for ad valorem property tax exemptions for taxation for city and county purposes; to provide for what property may be exempt and the conditions thereof; to provide for amount and expiration of exemptions; to provide for abolition and decrease in size of zones; to limit the creation of additional zones and additional exemptions; to provide when zones and exemptions become effective; to provide for determination of eligibility for exemptions and for appeals thereof; to provide for tax digests and annual reports; to pro vide for all matters relative to the foregoing; to provide for effect on certain prior laws, ordinances, resolutions, or actions; to provide for the specific repeal of certain local Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Atlanta Urban Enter prise Zone Act."
Section 2. It is found and declared that economically and socially depressed areas exist within the City of Atlanta and that these areas contribute to or cause unemployment, create an inordinate demand for public services, and, in general, have a deleterious effect on the public health, safety, welfare, and morals. It is further found that these areas are commonly characterized by no investment or underinvestment by private enterprise in ventures which produce housing units, jobs, trade, provision of services, and other eco nomic activities which individually and together contribute to a healthy society. This lack of private investment, economic activity, and housing activity contributes materially to social and economic depression in such areas. Therefore, it is in the public interest that incentives be provided to private enterprise to invest in such areas by developing housing units, creating jobs and trade, providing services, and by other economic activities. It is the purpose of this Act, therefore, to grant special powers of tax abatement to the City of Atlanta to provide such incentives. It is the intention of the General Assembly that this Act be liberally construed to carry out such purpose.
Section 3. As used in this Act, the term: (1) "Ad valorem property taxes" means all ad valorem taxes levied by the city or
county for city or county purposes, respectively, except those ad valorem property taxes levied to pay bonded indebtedness.
(2) "Board of commissioners" means the board of commissioners of Fulton County. (3) "City" means the City of Atlanta. (4) "City council" means the council which is the legislative body of the City of Atlanta. (5) "City purposes" means purposes of the city including, but not limited to, school and educational purposes. (6) "Commercial purposes" means property used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, central business district, or other commercial or business use which does not include residential use. (7) "Conversion" means the creation of new dwelling units from property previ ously nonresidential. (8) "County" means Fulton County. (9) "County purposes" means purposes of the county but including neither school nor educational purposes. (10) "Finished goods" means goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources

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or raw materials or goods in the process of manufacture or production, or the stock-intrade of a retailer.
(11) "Historic multifamily structure" means a structure which has historically been used principally for multifamily residential purposes.
(12) "Industrial purposes" means property used for industrial purposes exclusive of commercial purposes and residential purposes.
(13) "Inventories" means property described in subsection (a) of Section 7 which may be exempt from ad valorem property taxes.
(14) "MARTA station" means Metropolitan Atlanta Rapid Transit Authority sta tion.
(15) "Raw materials" means any material, whether crude or processed, that can be converted by manufacture, processing, or combination into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources.
(16) "Real property" means land and improvements thereon. (17) "Residential purposes" means improvements to property undertaken to provide single-family or multifamily dwelling units for rent or sale; such purposes to include new construction, conversion, or historic multifamily structure rehabilitation. (18) "Taxable property" means real or personal property subject to ad valorem property taxes. (19) "Taxable value" means the net taxable assessed value of property as shown on the tax digest of Fulton County as adjusted and equalized by the state revenue commissioner pursuant to Code Section 48-5-271 of the O.C.G.A., requiring the exami nation of tax digests for determining uniformity of valuation.
Section 4. (a) As provided in this Act, the city council by ordinance may create urban enterprise zones within the corporate limits of the city, within which zones:
(1) Inventories of certain goods may be exempted from ad valorem taxation for city and county purposes for the taxable value of those inventories;
(2) Taxable real property may be exempted from ad valorem taxation for city and county purposes for the taxable value of that real property; or
(3) Property may be exempted under subsections (a) and (b) of this section. (b) The ordinance creating a zone or exempting additional property from taxation within an existing zone shall specify whether inventories, real property, or both are to be exempted from ad valorem taxation under this Act and shall further specify the types of inventories to be exempt under subsection (a) of Section 7. (c) Urban enterprise zones may be created for commercial and industrial purposes or for residential purposes. If the zone is for residential purposes, only real property or improvements thereon may be exempted, as provided in paragraph (2) of subsection (a) of this section and subsection (b) of Section 8.
Section 5. (a) Zones for commercial or industrial purposes may only be created in an area of the city composed of census tracts as defined in the United States decennial census of 1980 or most recent census, where:
(1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole;
(2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole;
(3) The percentage of total jobs lost in that census tract for a specified consecutive five-year period was at least double the percentage of total jobs lost for such period for Fulton County as a whole; or
(4) Any census tract contiguous to an otherwise eligible census tract, as determined by paragraph (1), (2), or (3) of subsection (a) of this section, 51 percent of which con tains underutilized open lots or parcels of land or structures or buildings of relatively low value, as compared to the value of structures or buildings in the whole census tract, or which is development impaired by airport and/or related transportation noise or related environmental factors or by any combination of the foregoing factors.

TUESDAY, FEBRUARY 16, 1988

1035

(b) A zone for residential purposes may only be created in an area of the city com posed of census tracts in each of which, according to the United States decennial census of 1980 or most recent census:
(1) The percentage of family and nonfamily households in that census tract that were below the poverty level was at least double the percentage of family and nonfamily households below the poverty level for Fulton County as a whole;
(2) The percentage of persons in that census tract who were in the labor force and did not work was at least double the percentage of persons who were in the labor force and did not work for Fulton County as a whole; or
(3) The total number of persons residing in each census tract was less than 1,000 persons. (c) (1) A zone for industrial purposes may not be less than 50 acres in size.
(2) A zone for commercial purposes may not be less than 15 acres in size. (3) A zone for residential purposes may not be less than five acres in size, except:
(A) When the proposed zone is within 2,000 feet of a MARTA station pedestrian entrance, in which case a minimum of 2.5 acres will be required; or
(B) When the proposed zone contains a historic multifamily structure, which structure is suitable for rehabilitation/renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required. (d) A zone for residential purposes shall be further restricted to that geographic area of the city within the jurisdiction of the downtown development authority created under Chapter 42 of Title 36 of the O.C.G.A. (e) A zone may extend into a census tract which does not comply with the require ments of subsection (a) or (b) of this section if at least 75 percent of the expanded zone would comply with the requirements of subsection (a) or (b) of this section. (f) An existing commercial, industrial, or housing purpose zone may be amended to add additional land to the zone, provided that: (1) The area to be added complies with the requirements of subsections (a) or (b) and (e) of this section; and (2) The area to be added is at least ten acres in size for commercial and industrial purposes, or one acre in size for residential purposes, and further, that all land is vacant. Notwithstanding the date of expansion of the existing zone, the schedule of abatements for the area added to the existing zone shall coincide with the schedule of abatements for the existing zone.
Section 6. (a) Notice of a public hearing and intent to create an enterprise zone shall be published twice by the city in a newspaper of general circulation at least 14 days prior to the date of the public hearing. All property owners within the proposed zone shall be notified in writing by the city.
(b) After the public hearing, the city council may exempt the taxable value of prop erty within a zone only from ad valorem taxation for city purposes. The board of commis sioners, by appropriate resolution, may exempt from ad valorem taxation for county purposes under this Act the taxable value of only that same property exempted from ad valorem taxation for city purposes.
(c) A copy of the ordinance or resolution creating, abolishing, or decreasing in size a zone for commercial and industrial purposes or creating exemptions in such zone shall be transmitted to the tax commissioner of Fulton County, the Joint City/County Board of Tax Assessors, and to the Department of Community Affairs of the State of Georgia within 30 days after its passage.
(d) A copy of the ordinance or resolution creating a zone for residential purposes or creating exemptions in such zone shall be transmitted to the tax commissioner of Fulton County, the Joint City/County Board of Tax Assessors, and to the Department of Com munity Affairs of the State of Georgia within 30 days after its passage.
Section 7. (a) Exemptions from ad valorem taxation of inventories within a zone created for commercial and industrial purposes under this Act may be granted for all or any combination of the following types of property:

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(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible per sonal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state;
(2) Inventory of finished goods manufactured or produced within this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; and
(3) Inventory of finished goods which on the first day of January are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for ship ment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for transshipment to a final destination outside this state. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. All property that is claimed to be exempt under the provisions of this paragraph shall be designated as being "in transit" upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inven tory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such "in tran sit" property, shall be at all times open to the inspection of the Joint City/County Board of Tax Assessors of Fulton County. (b) Exemptions from ad valorem taxation of real property within a zone under this Act may be granted for the taxable value of:
(1) The land itself only if the taxable value of all improvements thereon made after the effective date of the creation of the zone in which that land is located equals or exceeds three times the taxable value of the land on the effective date of the cre ation of the zone; and
(2) Only those improvements made after the effective date of the creation of the zone in which the improvements are located.
Section 8. (a) For zones created for commercial and industrial purposes: (1) Real property in a zone which is exempt from ad valorem taxation under this
Act shall be exempt for 100 percent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value for the next five years, 60 percent of its taxable value for the next five years, 40 percent of its taxable value for the next five years, and 20 percent of its taxable value for the last five years;
(2) Inventories in a zone which are exempt from ad valorem taxation under this Act shall be exempt from 100 percent of their taxable value for 25 years after the cre ation of that zone;
(3) A zone shall exist for 25 years after the effective date of its creation and at the end of that period the zone and all exemptions established therein pursuant to this Act shall be abolished;
(4) Except as provided in paragraph (3) of this subsection, a zone may only be abolished or decreased in size by appropriate ordinance of the city council, approved by a majority of the registered voters of the city voting in a special election which shall be required to be called for such purpose. No such special election to approve the abolition or decrease in size of a zone may be called within five years from the effective date of the creation of that zone. If the results of the election are in favor of the abolition or decrease in size of that zone, it shall be abolished or decreased, respectively, at the end of the fifth year following that special election; and

TUESDAY, FEBRUARY 16, 1988

1037

(5) The amount of the exemption for property in a zone may not be changed and the type of property subject to an exemption in a zone may not be decreased by the city council or board of commissioners after the passage of the respective city ordi nance or county resolution creating that exemption under this Act, unless the zone and all exemptions on property therein are abolished as provided in this subsection, (b) For zones created for residential purposes:
(1) (A) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of new construction or conversion shall be exempt for 100 per cent of its taxable value for the first five years after the creation of the zone in which the property is located, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year.
(B) Real property in a zone which is exempt from ad valorem taxation under this Act as a result of historic multifamily structure rehabilitation shall be limited to the value of improvements added to the existing structure after the creation of the zone and the value of the land in accordance with paragraph (3) of this subsec tion. At such time as the value of the improvements added exceed the value of the land, as of the date of the creation of the zone, by a factor of eight or more, then the full value of the improvements added shall be eligible for the exemption granted under this Act. Said real property in such zone shall be exempt in accordance with the following schedule: 100 percent of its taxable value for the first five years after the creation of the zone, 80 percent of its taxable value for the next two years, 60 percent of its taxable value for the next year, 40 percent of its taxable value for the next year, and 20 percent of its taxable value for the last year. (2) A zone shall exist for ten years after the effective date of its creation and at the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished. (3) Any tax exemptions granted under this Act shall be restricted to residential purpose improvements made after the effective date of the creation of the zone. If the value of the improvements exceed the value of the land as of the date of the creation of the zone by a factor of eight or more, then the full value of the real property shall be eligible for the exemption granted under this Act. In cases where local zoning allows for mixed use development on property included in a zone for residential pur poses, the creation of the zone for residential purposes is not intended to discourage or prohibit development of other locally permissive or permitted uses. However, nonresidential uses of property will not be exempted from ad valorem taxation where found to exist or as may be developed in any zone for residential purposes created pursuant to this Act. (4) The determination of whether or not a structure qualifies as an historic multifamily structure shall be based upon a plan for historic preservation which con tains standards and criteria for such determination and which plan has been duly adopted by the city council. Further, all rehabilitation improvements to any historic structure shall be consistent with Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings issued by the Secretary, U.S. Department of the Interior, as revised 1983 or as subsequently amended. (5) A zone for residential purposes shall not be abolished or reduced in size nor shall the amounts of exemptions from ad valorem taxation be altered by action of the city council or board of commissioners after adoption of a resolution or ordinance creating the zone. (6) Notwithstanding paragraph (3) of this subsection, subsequent to the creation of a zone, should the use of property therein be converted to a use other than com pletely for residential purposes, any exemption from ad valorem taxation under this Act shall cease as of the date the use of the property was converted.
Section 9. (a) A zone in which inventories are to be exempted from ad valorem taxa tion under this Act may not be created nor may additional classes of inventories within an existing zone be exempted when the taxable value of the inventories to be exempt within the proposed or existing zone, respectively, plus the taxable value of inventories

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already exempt, under this Act, from taxation within all existing zones exceeds 10 percent of the current taxable value of all inventories within the city.
(b) A zone in which real property is to be exempted from ad valorem taxation under this Act may not be created nor may real property within an existing zone be first granted an exemption when the taxable value of real property to be exempt within the proposed or existing zone, respectively, plus the taxable value of real property already exempt under this Act from taxation within all existing zones exceeds 10 percent of the total taxable value of all real property located within the city.
(c) For purposes of this section, taxable value shall be taxable value for city purposes and shall be determined without regard to any exemption authorized by this Act.
Section 10. (a) The creation of a zone shall become effective on January 1, immedi ately following the adoption by the city council of an ordinance creating the zone.
(b) Exemptions from ad valorem taxes for city or county purposes upon inventory or real property in a zone shall become effective on January 1, immediately following the adoption of the appropriate ordinance by the city council or appropriate resolution by the board of commissioners, respectively.
(c) No exemption from ad valorem taxation upon inventory may be granted unless application by the owner thereof is filed with the Joint City/County Board of Tax Asses sors on or before April 1 of the year for which the exemption is sought. The application shall contain such information as the board may require, including, but not limited to, the value of all such inventory for which the exemption is sought. The board shall determine the value of any exemption granted under this section.
Section 11. The tax commissioner of Fulton County shall identify upon the tax digest of the city, including without limitation the copy of that digest submitted to the state revenue commissioner pursuant to Code Section 48-5-302 of the O.C.G.A., that prop erty exempted from taxation under this Act and the amount of that exemption.
Section 12. The clerk of council shall annually submit a report to the board of commissioners, the Department of Community Affairs of the State of Georgia, and the local legislative delegations of the city and county. The report shall include:
(1) The location, boundary, and size of all zones created in the immediately pre ceding calendar year and created since the effective date of this Act;
(2) The current value of tax exemptions under this Act which became effective in the immediately preceding calendar year and since the effective date of this Act;
(3) The current market value of all improvements and inventories in each zone as compared to that value upon the effective date of the creation of that zone;
(4) For zones created for commercial and industrial purposes, the current number of jobs and types of jobs in each zone as compared to the number and types of jobs upon the effective date of the creation of that zone; and
(5) For zones created for residential purposes, the current number of housing units and types of housing units in each zone as compared to the number and types of housing units upon the effective date of the creation of that zone.
Section 13. The city council may authorize the promulgation of rules and regulations to carry out the purposes and intent of this Act.
Section 14. Any and all laws, ordinances, and resolutions approved, or any other actions taken by the City of Atlanta pursuant to the Acts enumerated in Section 15, shall not be invalidated by the repeal of said Acts.
Section 15. An Act providing for urban enterprise zones in the City of Atlanta, approved March 16, 1983 (Ga. L. 1983, p. 4097), as amended, is repealed in its entirety.
Section 16. 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.

TUESDAY, FEBRUARY 16, 1988

1039

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 1711. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to provide that future school superintendents of the Houston 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 1712.

By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Houston County during desig nated registration periods as provided in Code Section 40-2-20.1.

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

HB 1719. By Representatives Jamieson of the llth, Dover of the llth and McDonald of the 12th:
A bill to amend an Act creating a board of commissioners of Banks County, so as to change certain provisions relating to the election of the chairman and other members of the board and provide for staggered terms of office; to provide for the continuation in office of the current chairman and mem bers of the board.

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

HB 1720. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to make provisions for the Magistrate Court of Henry County; to pro vide for the election and qualifications of the officers 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.

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

HB 1723. By Representative Godbee of the 110th:
A bill to amend an Act creating the State Court of Jenkins County, so as to change provisions relating to the terms 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 1725.

By Representative Chance of the 129th:
A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham 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 1726.

By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide that the chief judge of the State Court of Dougherty County shall designate the chief magistrate annually.

The report of the Committee, which was favorable to the passage of the Bill, was 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 603. By Senator Bowen of the 13th:
A bill to amend an Act creating the board of commissioners of Irwin County, as amended, so as to create a five-member board of commissioners for Irwin County; to provide for the election of members; to provide for qualifications; to provide for terms of office; to provide for commissioner districts.

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

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:

TUESDAY, FEBRUARY 16, 1988

1041

HB 1721. By Representatives Richardson of the 52nd, Williams of the 48th, Workman of the 51st, Alford of the 57th, Morton of the 47th and others:
A bill to provide that each resident of DeKalb County who is 62 years of age or over or disabled and whose adjusted gross income together with the gross income of the spouse and all members of the family who reside at the home stead of such resident does not exceed $15,000.00 per annum shall be granted an exemption from all DeKalb County ad valorem taxes, except county school district taxes, in the amount of $14,000.00 of the value of the home stead of such resident.

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
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance N Cheeks Y Childers Y Clark,B Y Clark.H
Clark,L Y Colbert

Coleman Y Colwell
Y Connell Y Couch
YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Dixon
Y Dobbs Y Dover YDunn
Edwards Felton Y Floyd N 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 Heard Y Hensley Y Herbert Y Holcomb

Holmes Hooks
Hudson YIsakson Y Jackson,J
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 YLord Y Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows YMilam
Milford
Y Mobley Moody Moore
Y Morton

Y Mostiler
Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrrock
Y Padgett Y Pannell
Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell
Prichard
Y Rainey Ramsey.T Ramsey.V Randall Ransom
Ray Reaves Y Redding
Y Richardson Y Ricketson Y Robinson 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 Tolbert Y Townsend Y Triplett
N Twiggs Y Waddle Y Waldrep
Walker.C Walker.L YWall Y Ware
Y Watson Y Watts
White Wilder Y Williams.B Williams,J Y Wilson YWood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 137, nays 3. 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 House and Senate:

1042

JOURNAL OF THE HOUSE,

HB 1510. By Representatives Wilson of the 20th, Clark of the 20th, Atkins of the 21st, Hensley of the 20th, Thompson of the 20th and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to provide that the Authority shall undertake a program for the control of pigeons within the Downtown Marietta District.

HB 1552.

By Representative Royal of the 144th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to provide how the members of the board of commissioners shall be elected; to provide for five single-member commissioner districts; to provide for staggered terms of office.

HB 1247.

By Representatives Carter of the 146th and Bostick of the 138th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Anno tated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.

HB 1307.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-30 of the Official Code of Georgia Anno tated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees.

HB 1325. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in certain counties sessions of superior court may under certain condi tions be held outside the county site in facilities of the state court.

HB 1328.

By Representative Jackson of the 9th:
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, so as to provide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal license plates.

HB 1337.

By Representatives Jackson of the 9th, Pinkston of the 100th and Buford of the 103rd:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators, so as to provide that a person who has been declared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony.

HB 1401.

By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Code Section 2-6-27 of the Official Code of Georgia Anno tated, relating to additional powers and duties of the State Soil and Water Conservation Committee, so as to authorize the committee to enter into cer tain contracts and agreements and to receive certain grants.

TUESDAY, FEBRUARY 16, 1988

1043

HB 1402.

By Representatives Jamieson of the llth, Reaves of the 147th, Porter of the 119th, Barnett of the 10th, Parham of the 105th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Conservation Commission.

HB 1454.

By Representative Randall of the 101st:
A bill to amend Code Section 43-3-38 of the Official Code of Georgia Anno tated, relating to the termination of the State Board of Accountancy, so as to continue that board but provide for the later termination of the board and the repeal of the laws relating thereto.

HB 1459.

By Representatives Bostick of the 138th, Branch of the 137th, Sizemore of the 136th, Hudson of the 117th and Carter of the 146th:
A bill to authorize the governing authorities of the counties comprising the Tifton Judicial Circuit to provide for supplemental compensation for the judges of the superior court in the Tifton Judicial Circuit.

HB 1469.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-14-4 of the Official Code of Georgia Anno tated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices.

HB 1471.

By Representative Jackson of the 9th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to provide for the disposi tion of motor vehicles and parts which cannot be identified.

HB 1503.

By Representatives Alford of the 57th, Waddle of the 113th, Heard of the 43rd, Jamieson of the llth, Hensley of the 20th and others:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Sur veyors and provide for its later termination.

SB 553. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to salaries and fees of public officers and employees, so as to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly, approved by the Governor.

SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Anno tated, relating to qualification of candidates for party nomination in a municipal primary, so as to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries.

1044

JOURNAL OF THE HOUSE,

SB 616. By Senators Harrison of the 37th, Ragan of the 32nd, Barnes of the 33rd 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 for an additional supplement for the chief judge; to provide an effective date.

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

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 Anno tated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements.

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

HB 1441. By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.

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

HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Hanner of the 131st and others:
A resolution naming the "George T. Bagby State Park".

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

SR 323. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

HR 577. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia.

TUESDAY, FEBRUARY 16, 1988

1045

HR 581. By Representatives Oliver of the 121st and Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor.

HR 620. By Representatives Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th, McCoy of the 1st and others:
A resolution designating the Forest Hays, Jr., Correctional Institution.

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

SB 553. By Senator Kidd of the 25th:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to salaries and fees of public officers and employees, so as to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers, with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly, approved by the Governor.
Referred to the Committee on Rules.

SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Anno tated, relating to qualification of candidates for party nomination in a municipal primary, so as to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries.
Referred to the Committee on Governmental Affairs.

SB 616. By Senators Harrison of the 37th, Ragan of the 32nd, Barnes of the 33rd 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 for an additional supplement for the chief judge; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 323. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to direct the General Assembly to provide a method whereby the salaries of major officers of state government shall be proposed by a State Officers Compensation Commission and by other boards, bodies, and officers with the salaries so proposed becoming effective unless disapproved by a joint resolution of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Rules.

1046

JOURNAL OF THE HOUSE,

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

HR 813. By Representatives Isakson of the 21st, Colbert of the 23rd and Mueller of the 126th:
A resolution welcoming Honorable Robert Dole and inviting him to address the House of Representatives.

Representative Redding of the 50th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 814. By Representatives Clark of the 20th, Wilder of the 21st, Aiken of the 21st, Atkins of the 21st, Pittman of the 60th and others:
A resolution commending the Honorable Johnny Isakson, Representative from District 21, Post 2.

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

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.

The following Senate substitute was read:

A BILL
To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to definitions; to authorize the use of pharmaceutical agents for certain treatment and diagnostic purposes by optometrists and provide for qualifications, conditions, procedures, and standards of care relating thereto; to provide for criminal penalties; to provide for civil and criminal immunity of pharmacists regarding the use by optometrists of certain pharmaceutical agents; to provide for lists of pharmaceutical agents; to change certain provisions relating to continuing edu cation requirements and statutory construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking paragraph (2) of Code Section 43-30-1, relating to definitions affecting optometrists, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) (A) 'Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpre tation of the visual behavior of the human organism by the employment of any means other than the use of drugs, medicine, or surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief,

TUESDAY, FEBRUARY 16, 1988

1047

correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of drugs, medicine, or surgery. Nothing in this chapter shall prohibit the use2 administration, or prescription of pharmaceutical agents topically applied to the eye for diagnostic purposes and treatment of ocular disease in the practice of optometry by optometrists who have received pharmacological train ing and certification from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who is already certified for using pharmaceutical agents for diagnostic purposes and who has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases shall be certified to use pharmaceutical agents for treatment pur poses.
(B) The board shall establish by rule a list, which may be modified from time to time, of topically applied pharmaceutical agents which optometrists shall be allowed to use for treatment purposes.
(C) A doctor of optometry shall not administer or prescribe any pharmaceutical agent:
(i) For the purpose of treating glaucoma, including but not limited to any topically applied pharmaceutical agent otherwise valid for use under this chapter; or
(ii) Which is administered orally or by injection. (D) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts. (E) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-30-8, relating to biennial registration and continuing education, and substitut ing in lieu thereof a new subsection (b) to read as follows:
"(b) The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship. Continuing education requirements fixed by the board pursuant to this chapter shall not apply to persons practicing optometry who are 65 or more years of age."
Section 3. Said chapter is further amended by striking Code Section 43-30-13, relat ing to construction of statutes affecting optometrists, in its entirety and substituting in lieu thereof a new Code Section 43-30-13 to read as follows:
"43-30-13. (a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spec tacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall any thing in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs except as permitted by law or practice medicine or surgery in any

1048

JOURNAL OF THE HOUSE,

manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-20 or 43-34-26.
(b) Nothing in this chapter shall be construed to imply liability, either civil or crim inal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription presented by a patient pursuant to this chapter. The pharmacist shall presume that the prescription was issued by a duly licensed optometrist under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the optometrist is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary."
Section 4. 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 1169.
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 N Atkins Y Bailey
Balkcom N Bannister Y Bargeron Y Barnett.B N Barnett,M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd
Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings,B
Cummings,M 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
N Green Y Greene Y Greer N Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard N Hensley Y Herbert Y Holcomb

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

On the motion, the ayes were 134, nays 16. The motion prevailed.

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

Y Sizemore Y Smith.L Y Smith,?
Smith.T Y Smith,W
YSmyre Y Snow Y Stanch Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert N Townsend Y Triplet!
Twiggs Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts Y White N Wilder Y Williams.B N Williams,J Y Wilson
Y Wood Y Workman
Y Yeargin Murphy ,Spkr

Representative Lane of the lllth stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Pittman of the 60th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

TUESDAY, FEBRUARY 16, 1988

1049

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 582. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effec tive date and for applicability.

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
Beck Y Benefield
Benn Y Birdsong N Bishop Y Bostick Y Branch
Brooks Brown YBuck Y Buford Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleroan
Y Colwell Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings,M
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 N Greene
Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Y Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Holmes Y Hooks Y Hudson
Y Isakson 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
Lord N Lucas
Y Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod
Simpson N Sinkfield

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

On the passage of the Bill, the ayes were 147, nays 6. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Industry:

SB 529. By Senators Gillis of the 20th, Ray of the 19th, English of the 21st and others:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices con cerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to provide for definitions.

1050

JOURNAL OF THE HOUSE,

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 699. By Representatives Richardson of the 52nd, Aaron of the 56th, Clark of the 55th, Steinberg of the 46th, Williams of the 54th and others:
A resolution authorizing the placing of a portrait of Honorable Peggy M. Childs in the Legislative Office Building in the State Capitol Complex.
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
Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Cheeks Y Childers Y Clark,B Y Clark.H Clark.L Y Colbert

Coleman
Y Colwell Connell
Y Couch
YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Y Dunn Edwards
Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

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
Lawler
Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley
Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M 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 Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson 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 Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall Ware Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Y Wilson Wood Y Workman Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.

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

Mr. Speaker:
The Senate 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:

TUESDAY, FEBRUARY 16, 1988

1051

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.

The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Coleman of the 1st and Kennedy of the 4th.

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

HB 7. By Representatives Hudson of the 117th, Branch of the 137th, Royal of the 144th, Sherrod of the 143rd, Smith of the 16th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definition of "game fish"; to change the provisions relating to food fish dealers; to change the provisions relating to sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.

The President has appointed on the part of the Senate the following: Senators Perry of the 7th, Gillis of the 20th and Barker of the 18th.

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

HB 1285. By Representatives Barnett of the 10th, Twiggs of the 4th, Mobley of the 64th, Alford of the 57th and Jackson of the 83rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title.

The President has appointed on the part of the Senate the following: Senators Harris of the 27th, Bowen of the 13th and Edge of the 28th.

The Speaker assumed the Chair.

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

HB 1267. 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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.

1052

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1267

The Committee of Conference on HB 1267 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1267 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ Terrell A. Starr
Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th D.stnct

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ L Walker 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 1987-1988 known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), so as to change certain appropriations for the State Fiscal Year 1987-1988; 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 1987-1988, known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), is amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, reserves and a revenue estimate of $5,782,000,000 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!

20.239,128 9,340,054
3,487,847 1,098,890
118,800 6,000 0
468,150 407,000 443,000 68,864 643,000

TUESDAY, FEBRUARY 16, 1988

1053

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....................................................................?

379,599
2,427,424 146,700 71,000
1,132,800 0
20,239,128 20,239,128

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

?

507,534

?

1,031,466

$

5,395,269

3,856,269 507,534
1,031,466 5,395,269

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

?

8,134,028

325,081

1,060,042

$

9,519,151

8,134,028
325,081 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

1,973,618 1,303,742
841,686 1,205,662 5,324,708

1,973,618 1,303,742
841,686 1,205,662 5,324,708

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 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

1054

JOURNAL OF THE HOUSE,

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 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........................................................................................? Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals........................................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

11,917,096
9,685,426 300,000 785,000 108,500 28,700 15,000 9,000 366,857 560,013 58,600
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......................................................,...........? Council of Superior
Court Judges................................................................................? Judicial Administrative
Districts.........................................................................................? Habeas Corpus Clerk......................................................................?

33,548,469 31,941,205
667,787 117,789
71,399
735,289 15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................?

289,331

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education..................................................?

467,268

TUESDAY, FEBRUARY 16, 1988
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................... Payment to Council of Magistrate Court Judges..................................... Payment to Council of Probate Court Judges..................................... Payment to Council of State Court Judges.....................................
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission..................
PART III. EXECUTIVE BRANCH
Section 10. 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........................................................................................? 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....................................................................................!

1055 376,250 91,018
774,675 629,565
70,500 25,110 20,000 20,000 9,500
106,000
38,427,229 38,695,477 7,589,964
249,800 299,500 153,000 1,878,085 8,503,650 3,285,442 622,260 414,400 16,356,200 31,100 273,800 1,959,300
0 31,400,121 10,032,800
608,800 50,000

1056

JOURNAL OF THE HOUSE,

Georgia Golf Hall of Fame Operations .........................
Authorities Liability Reserve Fund ....................
Grants to Counties............... Grants to Municipalities ..... Total Funds Budgeted......... State Funds Budgeted .........

30,000
0 2,600,000 4.200,000 129,233,699 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
10,516,040 2,535,892
611,621
506,856 46,502,487 2,656,834
38,403,480
5,048,938 1,328,550
566,561 1,573,974 129,233,699

352,751 2,227,126
14,329,604
0 2,535,892
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............................................... Motor Vehicle Purchases.............. Publications and Printing............. Equipment....................................... 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...................

0
18,111,642 4,310,200
12,600 30,000 55,000 171,100 70,000 8,500 104,800 142,800 740,000 7,680,100 249,000 40,000
0 31,725,742
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

1,983,265

TUESDAY, FEBRUARY 16, 1988

Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

4,613,084 4,808,318 4,637,825
191,236 3,980,929 10,843,088
667,997 0
31,725,742

C. Budget Unit: Agency for the Removal of Hazardous Materials ..............................................$
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.................................................................................! Utilities.............................................................................................!
Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

Section 11. 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........................................................................................! 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.......................................................................! Payments to Georgia Agrirama Development Authority for Operations ....................................................................................$

1057
250,000
1,588,650 889,500 100,000 0 2,000 150,000 0 0 10,000 100,000 0 0
2,840,150 250,000
33,716,116
26,805,051 2,516,656
877,000 649,875 684,000 1,449,593 450,657 730,920 380,099 342,136 600,000
2,141,160
2,433,603 547,000 91,000 75,000 155,000
445,151

1058

JOURNAL OF THE HOUSE,

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...........

665,000 30,000
60,000 50,000
0 42,178,901 33,716,116

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

$

4,382,707

$

7,150,685

$

1,619,448

$

3,592,372

$

4,214,699

$

1,380,188

$

3,162,083

$

5,720,655

$

4,142,024

$

4,574,586

$

323,685

$

1.915,769

$

42,178,901

3,940,614 6,779,125 1,613,401 3,592,372 4,121,555 1,380,188 3,155,083
4,507,198 1,715,476 1,100,638
0 1,810,466 33,716,116

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.................................................. Computer Charges..................................... Real Estate Rentals.................................. Telecommunications ................................. Per Diem, Fees and Contracts................ Capital Outlay ........................................... Goods for Resale ....................................... Total Funds Budgeted.............................. State Funds Budgeted..............................

443,567 118,304
4,850 0
10,425 15,921
0 0 9,950 30,025 220,800 74,150 927,992 0

Section 12. 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.........................

5,328,257
4,390,709 206,000 321,198 40,000

TUESDAY, FEBRUARY 16, 1988
Publications and Printing..............................................................$ Equipment........................................................................................? Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 13. Department of Community Affairs.
Budget Unit: Department of Community Affairs .................................................$
State 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 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 Residential Finance Authority.......................................................................? Payment to Georgia Environmental Facilities Authority for Operations..............................................................................? Grant for Operating Expenses in Butts County................................................................................? Grant for Economic Development Survey in Ware County..............................................................? Grant for Repairs to Courthouse in Berrien County............................................................................? Grant for Livestock Facility in Morgan County.......................................................................? Grant for the Rural Economic Development Incentive Project.................................................? Grant for Community Agricultural Market Facility in Brooks County.............................................................................? Grant to Taylor County for Operating Expenses....................................................................? Grant to Hall County for Operating Expenses....................................................................?

1059
13,000 15,900 128,950 175,500 35,000 2,000 5,328,257 5,328,257
20,286,043
4,443,756 136,668 171,915 7,500 92,945 18,121 25,988 364,068 55,671 99,573 85,000
1,400,000 0
139,000
30,000,000
0 0 731,000
590,500
384,844
25,000
20,000
50,000
75,000
35,000
30,000
15,000
12,000

1060

JOURNAL OF THE HOUSE,

Grant for Airport Development in Bibb County ...........................................
Grant to Muscogee County for Operating Expenses...................................
Grant to McDuffie County for Operating Expenses...................................
Grant to Seminole County for Operating Expenses...................................
Grant to Polk County for the Construction of a Human Services Facility..........................................
Grant for Operating Expenses to the City of Ambrose..............................
Grant for Operating Expenses in Pierce County.........................................
Grant for Operating Expenses to Locust Grove ..........................................
Grant for Savannah's Science Museum in Chatham County....................................
Grant to the City of Glennville for Operating Expenses.............................
Grant for Park Equipment in Winterville ..............................................
Grant for Dalton Carpet Exposition at Dalton, Georgia......................................
Grant to Richmond County for Richard Dent Library
at Paine College in Augusta ..................... Grant for a Human Services Center
in Lanier County........................................
Grant for Rolader Park in the City of Cave Spring....................................
Economic Development Grant to Powder
Springs Development Authority for Downtown Development..........................
Grant to City of Rockmart for Human Development................................
Grant for Operating Expenses to Opportunity Industrial Centers in Athens, Atlanta, Augusta ....................
Grant for Highway Beautification............... Grant for Coastal Area APDC....................
For Airport Development Grants for Airports in Laurens County, Jackson
County, Union County, Dodge County, Peach County and Tift County............... Grant for Quick Start Program
for the City of Carrollton......................... Grant for the National Science and
Communication Foundation in Augusta..................................................
Grant to the Carroll County Board of Education for Operating
Expenses ..................................................... Grant for Clinch County Board
of Education............................................... Grant for Atkinson County Board
of Education...............................................

1,000,000 1,500
50,000 80,000
100,000 20,000 60,000 10,000 100,000 5,000 10,000 8,177,000
150,000
200,000
15,000
20,000 30,000
225,000 2,500 25,000
825,000 18,000
500,000
25,000 60,000 40,000

TUESDAY, FEBRUARY 16, 1988

1061

Grant for Hay House in Bibb County .................................................................................$
Grant for Jeff Davis County..........................................................$ Grant for the City of Baxley .........................................................$ Grant for Development Study of
Airport in Middle Georgia .........................................................$ Grant for Commuter Rail Study...................................................$ Grant for Hall County....................................................................$ Grant for Rabun County................................................................$ Grant for Telfair County ...............................................................$ Grant for Madison County ............................................................$ Grant for Senior Citizen Center
in Douglas County.......................................................................$ Grant for Houston County ............................................................$ Grant for equipment in Rockdale
House in Rockdale County ........................................................$ Grant for the City of Quitman......................................................$ Grant for Human Services Facility
in Lanier County .........................................................................$ Grant for Clayton County..............................................................$ Grant for Agriculture Center in
Carroll County .............................................................................$ Grant for Effingham County.........................................................$ Grant for Matching Fund for APDC ...........................................$ Grant for the Polk County
Life Center ...................................................................................$ Grant for Economic Development................................................$ Grant for the Peach
Blossom Trail...............................................................................$ Grant for the Dalton Volunteer
Program ........................................................................................$ Grant for a Facility for Abused
Children in Gwinnett County....................................................$ Grant for Towns County ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

40,000 15,000 25,000
50,000 100,000 30,000
5,000 25,000 46,000
25,000 24,500
5,000 15,000
20,000 25,000
25,000 25,000 40,000
120,000 120,000
20,000
12,000
75,000 5,000 51,650,049 20,286,043

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

$

16,306,626

$

1,365,366

$

32,836,733

$

1,141,324

$

51,650,049

16,249,626 1,182,608
1,882,520 971,289
20,286,043

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation........................ Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Publications and Printing............................. Equipment....................................................... Computer Charges.......................................... Real Estate Rentals.......................................

276,527,489 189,347,982 22,059,258
1,240,761 1,559,821
284,000 6,159,868 1,042,088 2,800,914

1062

JOURNAL OF THE HOUSE,

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....................................................................!

2,285,750 1,503,437 4,177,000 8,356,400
350,000 10,355,000 6,468,438
5,569,000 600,000 600,000
2,942,150
1,495,480
300,000
1,035,000 12,849,543
47,749
262,900 75,378
0 20,000 283,787,917 450,000 84,000 276,527,489

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 Central
Correctional Institution Metro
Correctional Institution Coastal
Correctional Institution Central Funds

12,333,348
28,777,411 1,696,587
1,720,286 9,047,550
9,773,460 18,305,899 17,714,439
21,886,299
3,607,562
3,274,989
4,238,392
4,542,928 15,597,059

.$

11,799,348

!

28,563,911

!

1,652,043

!

1,720,286

!

9,047,550

!

9,773,460

!

18,305,899

!

17,634,439

!

21,886,299

!

3,607,562

$

3,274,989

!

4,238,392

!

4,542,928

!

15,597,059

TUESDAY, FEBRUARY 16, 1988

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

769,384 14,645,992 6,174,373
3,460,379 4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380
0 855,489 36,522,141
8,190,083 283,787,917

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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy.................................................,......................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 15. Department of Defense. Budget Unit: Department of Defense ................................................$ 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......................................................! Utilities.............................................................................................! Grants to Locals - Emergency
Management Assistance.............................................................! Grants - Others................................................................................! Georgia Military Institute Grant..................................................! Civil Air Patrol Contract...............................................................! Capital Outlay.................................................................................!

1063
0 14,442,404 6,174,373
3,460,379 4,022,499
6,421,901 24,408,913
4,175,706
3,375,468 18,249,380
0 855,489 32,422,141
6,874,671 276,527,489
18,280,715
14,896,453 447,841 438,100 117,000 58,000 221,219 138,000
1,029,590 381,500 96,000 457,012
18,280,715 18,280,715
4,442,476
7,122,169 1,833,219
70,650 50,000 43,050 80,300 10,850 8,200 81,480 155,100 1,721,870
1,049,400 42,000 18,000 42,000 0

1064

JOURNAL OF THE HOUSE,

Grants to Armories........... Repairs and Renovations. Total Funds Budgeted...... State Funds Budgeted......

535,000 75,000 12,938,288 4,442,476

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

2,303,646
1,869,050 3,217,161 5,548,431 12,938,288

1,167,014
877,239 427,045 1,971,178 4,442,476

Section 16. State Board of Education Department of Education.
Budget Unit: Department of Education...........................................................!
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......................................................! 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...............................................................................! Mid-Term Adjustment...................................................................! Local Fair Share..............................................................................!
Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! Prepaid Teacher Retirement.........................................................! Special Instructional Assistance ...................................................! Middle School Incentive ................................................................$

2,245,756,883
36,743,856 3,574,594 1,468,101
80,000 656,689 573,267 6,010,105 2,212,962 719,204 14,302,044 991,165 250,000
559,731,932 473,386,212 244,207,941 69,273,939
81,119,399 152,243,958 16,467,148 21,975,900
7,370,037 22,099,563 77,663,411 417,072,368 100,315,399
936,193 43,202,700 (380,572,432)
101,896,110 1,982,515 0 1,000,000 3,000,000

TUESDAY, FEBRUARY 16, 1988
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 Honors Program..........................................................? 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....................................................................? 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......................................................................................? Innovative Programs.......................................................................? Technology Grants..........................................................................? Limited English - Speaking Students Program.......................................................................? Remove Architectual Barriers.......................................................? Drug Free Schools...........................................................................? Refugee Transportation Program.................................................? Emergency Immigrant Education.................................................? Profound - Special Education Grant..........................................................................? Robert C. Byrd Scholarship Program........................................................................................?

1065
188,694
77,736,092
1,700,000
24,850,905
1,895,143 28,488,153 121,090,490 21,435,372
5,460,238
5,813,142
2,419,218 18,443,748
2,581,128 913,920
1,832,000 2,860,000
366,540 4,772,348
8,539,061 4,424,861
746,975 3,497,926
78,000,000
14,261,645
10,457,937
13,657,800 548,000 500,000
250,000 888,439 2,541,012 180,784 114,169
7,348,486
184,500

1066

JOURNAL OF THE HOUSE,

Total Funds Budgeted.... Indirect DOAS Services
Funding......................... State Funds Budgeted....

2,550,943,006
340,000 2,245,756,883

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Standards and Assessments Special Services Professional Practices Professional Standards Ga. Academy for
the Blind Ga. School for the Deaf Atlanta School
for the Deaf Local Programs Total

$

3,008,875

$

16,929,370

$

907,728

$

15,707,480

$

11,433,121

$

3,923,599

$

494,176

$

224,831

!

4,016,541

$

6,578,202

$

4,358,064

$ 2,483,361,019

$ 2,550,943,006

$

2,607,374

!

8,031,714

!

844,671

!

11,360,290

!

10,762,174

$

2,587,710

!

494,176

$

224,831

$

3,873,335

!

6,372,735

!

4,061,429

$ 2.194,536,444

! 2,245,756,883

Section 17. 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........................................................................................! 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 18. Forestry Commission. Budget Unit: Forestry Commission....................................................! State 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......................................................! Contractual Research......................................................................!

32,557,030
24,986,730 6,172,548
145,415 1,571,112
88,000 3,678,745
149,091 29,928 686,135 420,871 250,000

TUESDAY, FEBRUARY 16, 1988

1067

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....................................................................!

300,000
30,000
60,000 51,500 1,229,100 39,849,175 32,557,030

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

5,257,468

31,959,132

51,500

2.581,075 39,849,175

1,024,016 28,907,439
51,500
2,574,075 32,557,030

Section 19. 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................$ Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

30,027,870
21,068,876 1,999,529 600,075 827,000 119,845 574,000 857,000 1,775,757 1,373,841 40,000 479,000 93,000 73,000 146,947
30,027,870 30,027,870

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Total

2,988,153 5,859,937 10,029,995
5,469,699 24,347,784

2,988,153 5,859,937 10,029,995
5,469,699 24,347,784

Forensic Sciences Division Budget Personal Services........................................................... Regular Operating Expenses ....................................... Travel ..............................................................................

4,456,586 477,900 39,000

1068

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

93,000 8,000 241,000 140,000 117,000 19,000 35,000 5,000 48,600 5,680,086 5,680,086

Section 20. 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 ......................................................$ Authority Bond Defeasement........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,000,000
1,037,718 31,100 9,000 0 1,200 3,000 12,000 99,344 11,000 115,000
9,000,000 10,319,362 9,000,000

Section 21. Office of the Governor. Budget Unit: Office of the Governor..................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment........................................................................................! 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....................................................................!

17,076,589 8,050,353
286,140 176,679
0 152,729 83,009 168,300 640,014 198,632 60,758,920 2,613,891 40,000 2,599,000 153,000 2,540,000 402,424 50,000 78,913,091 17,076,589

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office

5,405,891

5,405,891

TUESDAY, FEBRUARY 16, 1988

1069

Office of Fair Employment Practices
Office of Planning and Budget
Council for the Arts Office of Consumer Affairs State Energy Office Consumers' Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Vocational Education Advisory
Council Commission on Children
and Youth Growth Strategies Commission Human Relations Commission Total

752,652
4,093,733 3,538,826 1,909,650 59,508,656
511,834
580,293
1,791,949
342,497
265,129 180,000 31,981 78,913,091

691,439
3,991,152 3,000,581 1,909,650
313,239 511,834
391,293
216,770
167,630
265,129 180,000 31,981 17,076,589

Section 22. 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........................................................................................? 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....................................................................?

396,891,111
45,657,983 2,204,440 1,286,100
0 272,941 565,287 2,689,935 4,579,748 932,329 36,559,251 290,700 899,288
0
0
7,235,000 7,170,574
215,000 110,558,576
638,300 47,642,826

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel

762,303 1,178,302
302,836 8,485,265

762,303 1,178,302
302,836 8,442,739

1070

JOURNAL OF THE HOUSE,

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 State Health Planning and Development Agency Total

0 4,736,274
473,034
497,862 1,561,735 4,873,344 1,857,762
495,000 7,192,614
449,249
9,338,344
689,251 2,218,790
791,704
2,842,518 386,617 728,811
4,329,522 17,110,929 2,870,264 35,214,534
1,171,712 110,558,576

2. Public Health 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......................................................! 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 ......................................................!

(6,810,954) 3,407,539 473,034
497,862 1,561,735 4,673,344 1,857,762
495,000 6,840,706
133,579
0
689,251 2,198,790
463,935
781,705 386,617 538,828 272,973 2,290,490 2,657,664 12,428,074
1,118,712 47,642,826
38,888,757 50,854,272
1,056,873 20,000 318,995 467,154 993,281 668,180 587,850
17,279,125 0
86,410 559,000
4,936,795
2,055,000 1,830,000 7,142,000
400,000 2,532,000
5,299,000 302,000
53,220,094 562,000

TUESDAY, FEBRUARY 16, 1988

Special Purpose Contracts............. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

Public Health Functional Budgets

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 Community Health Management Community Care Total

Total Funds
698,995 327,570 1,170,290 1,981,216 648,182 779,546
1,907,366 1,904,541
469,330
1,515,840
1,284,709 10,283,550 8,412,706
201,445 9,763,335 53,135,760 1,659,801 11,411,296 1,334,123
628,316 3,454,168
967,710 4,679,543 2,563,665
9,520,453 1,239,337
1,197,366
7,747,022 50,525,054 2,275,096 2,716,455 196,403,786

3. Rehabilitation Services 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..

1071
6,345,000 196,403,786
549,718 115,717,453

State Funds

$

501,770

$

292,570

$

1,085,290

$

1,882,088

$

425,364

$

751,631

$

1,377,366

$

851,462

$

0

$

260,012

$

1,284,709

$

4,523,730

$

8,266,652

$

0

$

4,943,351

$

0

$

1,449,626

$

9,199,353

$

1,334,123

$

628,316

$

3,454,168

$

428,938

$

4,554,543

$

1,403,362

$

9,390,778

$

827,387

$

1,197,366

$

7,747,022

$

45,193,902

$

1,377,580

$

1,084,994

$ 115,717,453

59,191,401 12,121,844
773,769 162,000 129,100 1,371,785 2,005,156 2,220,525 1,469,410 5,409,617

1072

JOURNAL OF THE HOUSE,

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....................

963,200 25,000 485,680
43,200 20,823,918
50,000 332,000 5,883,156 113,460,761 100,000 21,533,515

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

3,498,823 662,427
7,570,521
16,487,140
14,834,937 28,995,901 1,012,901 32,983,367
461,243 1,332,345 5,211,256
409,900 113,460,761

1,504,494 550,225
1,453,369
4,143,593
577,338 0 0
6,880,280 261,243 541,817
5,211,256 409,900
21,533,515

4. Family and Children Services Budget:
Personal Services..................... Regular Operating Expenses.
Motor Vehicle Purchases ... Publications and Printing..
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................I Per Diem, Fees and Contracts ......................................................$ Telecommunications .......................................................................$ Utilities .............................................................................................$
Cash Benefits...................................................................................! Grants to County DFACS -
Operations ....................................................................................$ Service Benefits for Children ........................................................$ Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

13,063,819 368,970 397,600 0 909,158 104,181
14,190,236 226,015
8,343,824 933,300 9,100
1,161,830 270,354,296
162,479,464 43,174,233 3,303,331 519,019,357 2,339,882 211,997,317

TUESDAY, FEBRUARY 16, 1988

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 12,978,058
44,563,531
69,216,101
41,011,682
6,099,507 3,100,000
818,867 3,780,764 3,580,239 5,340,927
16,711,307 2,149,146
0 1,629,230 1,325,000 18,888,840 1,919,914
485,700 2,759,300 18,102,680
150,000 737,000 1,075,227 2,777,456
1.588,643 519,019,357

Budget Unit Object Classes: Personal Services........................ Regular Operating Expenses.... Travel........................................... Motor Vehicle Purchases .......... Publications and Printing......... Equipment................................... 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.....

1073

State Funds

$

0

$

91,466,684

4,000

0

23,442,281

34,576,066

20,841,285

5,518,107 0
818,867 3,187,639 3,580,239 2,031,143

6,577,265 2,114,102 (8,799,001)
946,443 1,100,000 12,397,563 1,443,769
280,757 2,226,704 3,285,528
48,816 233,836 1,070,627 2,612,456

992,141 211,997,317

156,801,960 65,549,526 3,514,342
182,000 1,630,194 2,508,407 19,878,608 7,694,468 3,922,889 67,591,817 1,263,000 2,633,208
25,000
4,936,795
2,055,000

1074

JOURNAL OF THE HOUSE,

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........................................................................................! 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...................................................................! Community Mental Health Center Services............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

7,142,000 559,000 400,000
2,532,000
5,299,000 302,000
1,830,000 53,220,094 7,235,000 50,344,807 20,823,918
50,000 270,354,296
162,479,464
43,200 10,195,331 6,445,156
420,165,394
334,365,954 32,551,367
907,896 377,895 165,908 3,942,262 4,253,385 656,487 2,791,606 34,315,081 14,396,011 266,400 1,407,063 2,119,055
3,270,056
1,941,430
1,102,000
91,686,730
11,904,902
74,763,682 617,185,170
2,404,100 420,165,394

TUESDAY, FEBRUARY 16, 1988

1075

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 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 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 Administration MH/MR/SA Indirect Cost Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services

33,773,897 29,160,919
23,980,096
18,813,434
24,866,999
27,476,050 115,386,329
21,622,351
43,140,167
18,889,023 I,967,766
8,099,997
3,126,079
68,749,489 II,601,871
587,394 386,609 1,102,000
74,763,682 361,376
1,652,922
262,890 303,031
3,521,190
17,744,582
73,200 7,655,617
0
16,511,062 9,105,866 6,396,843 3,395,853 3,559,381 9,577,827

22,481,149 14,884,226
20,961,071
16,025,816
18,973,112
21,264,801 79,923,389
18,235,934
22,820,892
15,122,278 1,815,486
8,099,997
2,322,418
34,042,869 7,298,827
573,148 223,609 1,102,000
32,541,225 361,376
1,358,922
262,890 303,031
3,204,945
12,685,504
73,200 6,601,746 (383,006)
16,106,062 8,761,655 6,326,108 3,290,339 3,462,981 9,577,827

1076

JOURNAL OF THE HOUSE,

Community Treatment Centers Day Care Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and
Classification Youth Services
Administration Total

2,394,686 810,795 620,408
2,893,245
608,334
369,439
1,872,471 617,185,170

2,394,686 810,795 620,408
2,850,824
608,334
369,439
1,805,081 420,165,394

Section 23. 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........................................................................................! 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............................................................................! Southern Center for International Studies ..................................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,406,467
6,300,845 969,000 316,000 18,000 340,000 82,000 184,500 538,700 210,000 464,000 186,000 230,000
4,700,000
2,745,000
80,000
25,000
50,000 35,000
2,800,000
53,000
25,000 0
20,352,045 19,406,467

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

8,623,258 4,603,462 7.125,325 20,352,045

7,807,680 4,573,462 7,025,325 19,406,467

TUESDAY, FEBRUARY 16, 1988

1077

Section 24. 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....................................................................!

9,479,169
8,625,783 366,500 237,500 13,000 140,500 66,067 377,101 525,718 175,400 117,500
10,645,069 9,479,169

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

1,477,886 2,545,351
545,494 1,745,800

4,330,538

$

10,645,069

1,477,886 2,439,366
545,494 1,745,800
3,270,623 9,479,169

Section 25. 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........................................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,765,174
59,920,440 9,375,901 1,167,655
0 65,582 449,000 3,216,570 2,453,694 1,601,283
61,002,822 471,500 0
400,000 2,500,000 142,624,447 5,765,174

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Programs Total

2,981,784 17,951,559
121,691,104 142,624,447

!

1,047,211

!

2,118,883

!

2,599,080

!

5,765,174

1078

JOURNAL OF THE HOUSE,

Section 26. 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7.556,594
6,609,651 340,000 128,000 0 38,000 38,600 183,651 402,692 80,000 45,000 110,000
7,975,594 7,556,594

Section 27. Department of
Medical Assistance. Budget Unit: Medicaid Services..........................................................! Departmental 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......................................................! Postage..............................................................................................! Medicaid Benefits, Penalties
and Disallowances .......................................................................$
Payments to Counties for Mental Health..............................................................................!
Audit Contracts...............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

358,722,506
10,057,082 281,011 161,959 11,000 69,300 56,229
10,692,103 925,973 364,375
14,332,151 109,500
1,060,817,875
16,513,900 772,500
1,115,164,958 358,722,506

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

!

1,159,692

$

17,814,537

$

13,011,488

$

2,214,504

!

3,632,962

! 1.077,331,775 ! 1,115,164,958

$

499,470

$

2,583,592

$

3,467,913

!

304,094

$

1,518,049

$ 350,349,388 $ 358,722,506

Section 28. Merit System of Personnel
Administration. Budget Unit: Merit System of Personnel
Administration........................................................!
Departmental Operations Budget: Personal Services.............................................................................!

15,796,135 6,154,813

TUESDAY, FEBRUARY 16, 1988

Regular Operating Expenses .... Travel........................................... Publications and Printing......... Equipment................................... 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............. State Funds.................................

Merit System Functional Budgets

Total 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 Total

$

2,110,514

$

912,837

$

730,775

$

1,138,511

$

9,225,154

$ 355,937,321

$

2,015,084

$

1,309,718

$ 373,379,914

Section 29. 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................................... Grant-Chehaw Park Authority.............. Grant - Zoo Atlanta................................ Contract with U. S. Geological
Survey for Ground Water Resources Survey.................................

1079
204,550 69,000 263,000 76,300 1,921,428 754,382 80,300 35,594,820 214,000 328,047,321 373,379,914 7,843,148
349,688,474 52,157
15,796,135
State Funds
0
0 15,796,135
0 0 15,796,135
71,768,230
48,391,599 8,874,524
498,025 1,749,083
559,000 1,949,977
508,620 1,685,280
989,992 1,284,789
334,386
2,000,000 655,000 500,000 500,000
300,000

1080

JOURNAL OF THE HOUSE,

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..................................................$ Capital Outlay - Hazardous Waste Site Acquisition...........................................................................! Technical Assistance Contract......................................................! Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................! 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....................................................................!
Receipts from Jekyll Island State Park Authority..................................................................!
Receipts from Stone Mountain Memorial Association .................................................................$
Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

125,000
1,974,438
300,000
211,500 1,106,000 1,418,000
800,575
206,000 50,000
450,000
1,535,000
20,000
287,000
2,000,000 125,000 765,250
10,000
149,405 100,000
526,700 150,000 8,000,000 150,000
7,000 38,000
500,000 91,785,143
53,750
315,000 200,000 71,768,230

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Game and Fish Parks, Recreation and
Historic Sites

7,103,905 24,512,507
30,926,326

6,735,155 21,222,892
18,224,862

TUESDAY, FEBRUARY 16, 1988

1081

Environmental Protection Coastal Resources Total

27,642,471 1,599,934
91,785,143

24,064,387 1,520,934 71,768,230

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
2,822,875 2,072,400
26,500 69,500 64,150 84,400 22,000 17,000 66,200 84,600
0 178,350 5,507,975
0

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

4,981,275
526,700 5,507,975

Section 30. 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 .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................! Regents Program.............................................................................! Teachers' Retirement .....................................................................$ Teachers' Health Insurance...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted...................................................................-!

99,062,296
2,325,044 158,000 57,000 9,000 40,000 20,000 104,000 265,000 46,000 897,500 15,000
32,983,533 8,446,396 3,300,000 4,300,000 45,706,195 2,415,816 7,314,712 3,062,100 111,465,296 99,062,296

1082

JOURNAL OF THE HOUSE,

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

3,936,544

$ 107,528.752

$ 111,465,296

$

2,807,544

$

96,254,752

$

99,062,296

Section 31. 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....................................................................!

67,901,758
50,414,735 6,449,160
137,500 3,069,000
630,000 1,185,806 3,474,000
13,000 1,141,010
208,470 1,095,375
225,000
200,000 359,502 949,200 69,551,758 1,650,000 67,901,758

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

15,976,158

$

12,811,352

!

40,764,248

!

69,551,758

$

14,476,158

$

12,811,352

$

40,614,248

$

67,901,758

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
Attached Units 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..............................................................................................! Peace Officers Training Grants ....................................................$ Highway Safety Grants ..................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................!

12,077,530
5,207,176 2,005,784
156,850 131,600 71,456 171,563 362,281 151,722 158,850 1,306,078 39,655 2,643,377 3,500,000 810,000 16,716,392

TUESDAY, FEBRUARY 16, 1988

1083

State Funds Budgeted................................................................

12,077,530

Attached Units Functional Budgets

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

4,033,264
4,248,030 907,768
1,098,028
415,803
335,385
5.678,114 16,716,392

266,632
4,045,630 845,284 847,532
415,803
309,885
5,346,764 12,077,530

Section 32. 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....................................................................!

13,572,600
242,600 13,330,000 13,572,600 13,572,600

Section 33. 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....................................................................!

7,232,781
5,518,888 405,967 202,459 235,200 33,500 105,919 258,125 296,220 123,000
1,250,000 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 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction. Resident Instruction Budget:

633,457,082

1084

JOURNAL OF THE HOUSE,

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....................................................................!

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 22,000,000 195,000,000 199,254,842 3,027,300 633,457,082

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..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................!
Rental Payments to Georgia Military College...........................................................................!
CRT INC. Contract at Georgia Tech Research Institute.......................................................................!
Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income..........................................................................-! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

135,417,421
170,551,806 54,640,269
74,398,975 21,336,281
265,251 1,635,164
1,188,859
2,635,750 2,381,730
158,000
654,239 11,966,100
697,748 600,000 200,000
644,618
173,000 344,127,790
0 75,976,550 132,178,119
555,700 135,417,421

Regents Central Office and Other Organized Activities Functional Budgets

TUESDAY, FEBRUARY 16, 1988

1085

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 Total

$

1,837,107

$

2,814,535

$

1,386,330

$

87,693,751

$

5,269,765

$

46,690,101

$

44,745,980

$ 120,565,675

$

2,735,358

$

2,237,849

$

5,533,945

$

1,537,429

$

2,115,755

$

18,964,210

$ 344,127,790

1,125,683 1,427,904
815,631 11,281,989
1,770,774 31,057,468 29,819,180 30,415,912
2,735,358 435,262
5,533,945 0
34,105 18,964,210 135,417,421

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................!
Public Telecommunications Commission Budget:
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................!
Other Funds.....................................................................................$ State Funds Budgeted....................................................................?

7,856,109
4,844,948 6,828,500 11,673,448 3,817,339 7,856,109

Section 35. Department of Revenue. Budget Unit: Department of Revenue...............................................! 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 FICA .........,,...........................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................!

63,899,456
40,205,561 1,324,528 1,425,925 263,000 2,429,155 382,500 7,339,575 2,562,453 601,759 215,000
1,645,000
1,430,000

1086

JOURNAL OF THE HOUSE,

Motor Vehicle Tags and Decals.... Postage .............................................. Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

5,570,000 2.350,000 67,744,456 3,845,000 63,899,456

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

3,710,777 8,658,047 3,974,230 13,618,141 7,015,226 17,139,009 5,655,563 3,912,452 4,061,011 67,744,456

3,710,777 8,458,047 3,756,230 13,318,141 6,058,226 15,507,009 5,655,563 3,831,452 3,604,011 63,899,456

Section 36. 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....................................................................!

19,429,131 12,488,214 1,694,401
226,000 109,900 428,200 176,600 394,300 2,136,570 260,300 650,146 500,000 364,500 19,429,131 19,429,131

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Corporations Regulation Elections and Campaign
Disclosure Securities Regulation Drugs and Narcotics State Ethics Commission Occupational Certification Total

2,781,886 4,447,476 1,796,855
1,158,075 1,485,022
837,435 194,940 6,727,442 19,429,131

2,781,886 4,447,476 1,796,855
1,158,075 1,485,022
837,435 194,940 6,727,442 19,429,131

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers

194,741 74,377
635

381,961 153,281
3,384

TUESDAY, FEBRUARY 16, 1988

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 Genologists 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 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

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 12,265 6,649 6,632
48,634
12,622
14,461 5,488
6,501
14,003
8,564 41,874

1087
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 46,350 25,801 41,656 442,775
333,196
70,864 21,953
30,511
174,370
37,833 109,437

1088

JOURNAL OF THE HOUSE,

S.B. of Examiners for Certification of Water and Wastewater Treatment
Plant Operators and Laboratory Analysis
Total

$

7,385

$

1,163,078

$

133,695

$

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....................................................................!

1,426,312
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 37. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission...............................................!
Administration Budget: 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............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

18,650,542
3,456,101 215,090 58,000 0 112,000 21,300 309,540 122,600 18,000 382,500
3,400,000 12,302,000 4,933,500
42,000
116,000 179,900
256,100 25,924,631 18,650,542

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$

4,312,631

$

0

TUESDAY, FEBRUARY 16, 1988

Higher Education Assistance Corporation
Georgia Student Finance Authority
Total

382,500
21,229,500 25,924,631

Section 38. 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants.........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System......................................................................! Departmental Operations Budget:
Personal Services.............................................................................! 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....................................................................!

Section 40. 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 ...............................................................$

1089
275,000
18,375,542 18,650,542
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
3,150,000
2,441,102 70,000 25,000 55,000 9,000 791,800 288,500 85,000 262,900 88,000
2,135,000
1,015,000 7,266,302 3,150,000
444,009,430
198,278,521 48,328,975 1,716,271 1,016,000

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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....................................................................!

470,084 3,289,301 2,085,232 1,289,059 1,955,802 9,250,600 518,519,312 9,317,013 9,317,000
1,355,000
1,370,000 9,654,629
799,250
8,850,000 31,000,000 857,862,049 444,009,430

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 Total

! 565,082,159

! 216,453,036

!

4,317,032

!

9,317,013

!

18,571,307

! 813,740,547

$ 200,451,260

$ 198,023,328

!

3,641,032

$

9,317,013

!

18,196,307

! 429,628,940

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 Activities Total

!

9,317,000

!

900,000

!

106,000

!

2,143,544

!

16,818,208

!

14,836,750

!

44,121,502

!

317,000

!

900,000

!

106,000

!

1,663,544

!

5,407,196

!

5,986,750

!

14,380,490

Section 41. 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.....................................................................

16,942,176
4,212,979 49,571 82,000 0 21,000 117,000

TUESDAY, FEBRUARY 16, 1988

1091

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
Medical College of Georgia....... Regular Operating Expenses
for Projects and Insurance........ Total Funds Budgeted................... State Funds Budgeted...................

2,402 212,113 58,000
15,400 0
33,000
9,877,806
5,226,155
235,000 20,142,426 16,942,176

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and
Nursing Facility at Milledgeville Veterans Nursing Home - Augusta Total

$

4,704,465

$

10,118,806

!

5,319.155

!

20,142,426

4,468,940
8,270,081 4,203,155 16,942,176

Section 42. 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....................................................................!

6,844,856
5,433,404 113,231 61,500 0 63,000 70,230 287,991 523,000 90,500 157,500 84,500
6,884,856 6,844,856

Section 43. 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)...............................................!

143,627,884 107,471,094

Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions 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

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others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 45. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.
Section 46. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District 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.
Section 47. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 48. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 49. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magisrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 50. Provisions Relative to Section 13, Department of Community Affairs. Provided that of the $1,000,000 appropriated for development of a Middle Georgia airport, no funds shall be disbursed or contractually obligated prior to voter ratifi cation in Bibb County of a sales tax to finance such development.
Section 51. Provisions Relative to Section 14, Department of Correc tions. The Department of Corrections shall pay each county donating land $500 per acre or the actual cost per acre, whichever is less, for no more than 200 acres per county.
Section 52. Provisions Relative to Section 16, 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 16 (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 16, 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.

TUESDAY, FEBRUARY 16, 1988

1093

From the Appropriations in Section 16, 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 53. Provisions Relative to Section 17, 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 54. Provisions Relative to Section 20, Georgia State Finance and Investment Commission. Provided that of the $9,000,000 appropriated for authority bond defeasement, any portion thereof not required for the defeasement of Georgia Edu cation Authority (University) bonds shall be utilized by Georgia State Finance and Invest ment Commission to defease other Authority issues, or to retire other Authority or State General Obligation Debt.
In the event any property acquired by the proceeds of bonds issued for projects and purposes of the World Congress Center is to be utilized for the construction of any athletic facility which will be used in whole or in part by any professional sports franchise, then any lease or other agreement for such use by such professional sports franchise shall not become effective until and unless such lease or other agreement is approved by the Fiscal Affairs Subcommittees of the House and Senate meeting jointly as one committee. Such subcommitttees shall not approve any such lease or other agreement unless such lease or other agreement meets the conditions and requirements stated in HR 746 of the 1988 Regular Session of the Georgia General Assembly, as passed the House.

Section 55. Provisions Relative to Section 22, 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:

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 22 (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.

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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.
It is the intent of this General Assembly to maintain, as a minimum, subject to authorization by the Office of Planning and Budget, the same level of direct treatment 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.
The Department of Human Resources is authorized to utilize up to $1,232,010 of addi tional VR section 110 funds for the purpose of expanding the Head Injury Program.
Section 56. Provisions Relative to Section 28, 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 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Section 58. Provisions Relative to Section 34, 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.
Provided that it is the intent of this General Assembly that the Board of Regents shall proceed to develop plans for the improvement and enhancement of the facilities of the Medical College of Georgia.
Section 59. Provisions Relative to Section 30 Board of Postsecondary Edu cation. None of the State funds appropriated in Section 30 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.
Provided further, it is the intent of the General Assembly to authorize a course in plumbing at Columbus Vocational Tech.
Section 60. Provisions Relative to Section 40, Department of Trans portation. 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

TUESDAY, FEBRUARY 16, 1988

1095

shall be applied during the State Fiscal Year 1988 to the $139,101,427 balance due leaving a principal 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 40 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
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, 1989, 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 in amounts equal to the anticipated departmental annual remittances to the Fiscal Division 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.
Section 64. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and costeffective 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,

1096

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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 noncompliance 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 1988 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

TUESDAY, FEBRUARY 16, 1988

1097

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 ahll 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. Provisions Relative to Section 43 State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 43 for "State of Georgia General Obli gation Debt Sinking Fund (New)", the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $10,800,000 is specifically appropriated for the pur pose of financing a program of a Developmental Highways 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 $45,000,000 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 (New), $5,280,000 is specifically appropriated for the pur pose of financing the replacement of the Talmadge Memorial Bridge of the Department of Transportation, near Savannah, Georgia, by means of the demolition, 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

1098

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connection therewith, through the issuance of not more than $22,000,000 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 (New), $4,800,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water and sewage systems, through the issu ance 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 (New), $768,000 is specifically appropriated for the purpose of financing the purchase and installation of a new pulping machine and the moderniza tion of the main paper machine of the Herty Foundation and to finance any other improvements associated with such purchase and installation, by means of the demolition, acquisition, construction, development, extension, enlargement and improvement of land,
property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in
principal amount of General Obligation Debt, the instruments of which shall have maturi
ties not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $1,440,000 is specifically appropriated for the pur pose of financing a facility at the Georgia Institute of Technology of the Board of Regents
of the University System of Georgia, which may be used in conjuction with research in paper chemistry and paper technology, by means of the demolition, acquisition, construc
tion, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $6,000,000 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 (New), $384,000 is specifically appropriated for the purpose
of financing a laundry facility at Gracewood State School and Hospital of the Department of Human Resources, by means of the demolition, acquisition, construction, development,
extension, enlargement and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith,
through the issuance of not more than $1,600,000 in principal amount of General Obli gation 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 (New), $3,480,000 is specifically appropriated for the pur
pose of financing asbestos abatement and removal and office relocation, renovation, acqui sition and improvement projects of Georgia Building Authority at No. 1 Peachtree Street
and in the vicinity of Capitol Hill in the City of Atlanta, Georgia, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land,
property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,500,000 in
principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropraited amount for the State of Georgia General Obligation Debt Sinking Fund (New), $792,000 is specifically appropriated for the purpose of financing educational facilities for the Board of Education of Camden County by means
of a grant by the Department of Community Affairs, through the issuance of not more than $3,300,000 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 (New), $1,560,000 is specifically appropriated for the pur pose of financing facilities for the State Board of Postsecondary Vocational Education, to
wit: an Augusta Technical Institution Health Occupations Building, with a maximum prin cipal amount authorization of $2,300,000; major repairs at State vocational institutes, with

TUESDAY, FEBRUARY 16, 1988

1099

a maximum principal amount authorization of $3,200,000, and major repairs and equip ment at the North Georgia and South Georgia Technical Institutes, with a maximum prin cipal amount authorization of $1,000,000 to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $792,000 is specifically appropriated for the purpose of financing an additional housing unit at Burruss Correctional Institution of the Depart ment of Corrections, to be undertaken 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 $3,300,000 in principal amount of Gen eral 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 (New), $360,000 is specifically appropriated for the purpose of financing facilities of the Department of Corrections at Lowndes and Ware Correctional Institutions to be undertaken by means of demolition, acquisition, construction, develop ment, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, 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 is excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $757,200 is specifically appropriated for the purpose of financing the design of the new park in North Georgia for the Department of Natural Resources and for financing facilities of the Department of Natural Resources, to wit: golf courses at Georgia Veterans State Park and Gordonia-Altamaha State Park, a new picnic area and renovation of the existing day use area at Indian Springs State Park and picnic area and other improvements at Hard Labor Creek State Park, to be undertaken by means of demolition, 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 $3,155,000 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 (New), $312,000 is specifically appropriated for the purpose of financing improvements to and modifications of facilities at Northwest Regional Hospi tal of the Department of Human Resources, to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300.000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $696,000 is specifically appropriated for the purpose of financing rail facilities, boundary extensions and other improvements of Stone Moun tain Memorial Association, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of sixty months.

1100

JOURNAL OF THE HOUSE,

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $204,000 is specifically appropriated for the purpose of financing a diversion center for the Department of Corrections, in DeKalb County, with a maximum principal amount authorization of $850,000 by means of demolition, 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 $850,000 in prin cipal amount of General Obligation Debt, the istruments 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 (New), $1,470,000 is specifically appropriated for the pur pose of financing land acquisition for the Department of Industry and Trade at the George L. Smith II Georgia World Congress Center, through the issuance of not more than $14,000,000 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 (New), $1,890,000 is specifically appropriated for the pur pose of financing expansion and facilities of the George L. Smith II Georgia World Con gress Center, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $18,000,000 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 (New), $420,000 is specifically appropriated for the purpose of financing facilities of the Department of Natural Resources for the project provided for by the 'Georgia Agricultural Exposition Authority Act', specifically in connection with O.C.G.A 12-2-484, by means of demolition, 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 $4,000,000 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 (New), $1,575,000 is specifically appropriated for the pur pose of financing acquisition of land for wildlife management and for public fishing areas of the Department of Natural Resources 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 (New), $2,021,250 is specifically appropriated for the State
Board of Education for the purpose of financing 25 public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public
library systems, 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 (New), $4,803,750 is specifically appropriated for the pur
pose of financing facilities for the Board of Regents of the University System of Georgia, to wit: at Gainesville College, with a maximum principal amount authorization of
$4,500,000, at Kennesaw College, with a maximum principal amount authorization of
$9,500,000, at Georgia State University, with a maximum principal amount authorization of $22,750,000, at Albany State College, with a maximum principal amount authorization
of $6,000,000, and at Georgia Southern University, with a maximum principal authoriza tion amount of $3,000,000, by means of demolition, acquisition, construction, development,
extension, enlargement and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith,

TUESDAY, FEBRUARY 16, 1988

1101

through the issuance of not more than $45,750,000 in principal amount of General Obli gation 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 (New), $2,310,000 is specifically appropriated for the pur pose of financing a prison facility for the Department of Corrections in Telfair County, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,000,000 in principal amount cf 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 (New), $2,496,000 is specifically appropriated for the pur pose of financing four detention centers for the Department of Corrections, by means of demolition, 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 $10,400,000 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 (New), $15,998,850 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and inde pendent school systems, to wit: for regular capital outlay funding for 48 systems and regular advance capital outlay funding for 8 systems, with a maximum principal amount authorization of $95,225,000, and for unfunded capital outlay for incentive advance fund ing, with a maximum principal amount authorization of $57,145,000, through the issuance of not more than $152,370,000 in principal amount of General Obligation Debt, the instru ments 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 (New), $1,585,500 is specifically appropriated for the pur pose of financing a prison facility for the Department of Corrections in Hancock County, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,100,000 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 Opligation Debt Sinking Fund (New), $1,050,000 is specifically appropriated for the pur pose of financing a facility in which to establish a manufacturing research center at the Georgia Institute of Technology of the Board of Regents of the University System of Georgia, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 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 (New), $360,000 is specifically appropriated for the purpose of financing the renovation of the Department of Corrections, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.

Section 74. Delayed Hiring Factor by Department.

1102

JOURNAL OF THE HOUSE,

Agriculture Corrections "A" Corrections "B" GBI ODfHfiRce"oAf"the Governor 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 75. 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 76. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1988.................................................................................$ 5,936,113,339

Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 78. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 1267.
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
Branch Y Brooks Y Brown YBuck Y Buford YByrd N Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B

N Clark.H
Clark,L Y Colbert Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover YDunn 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 Heard Y Hensley Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Ylsakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson,D Y Johnson,R
Y Kilgore Y Kingston
Y Lane,D Y Lane,R N Langford Y Lawler Y Lawrence Y Lawson
YLee N Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald

Y McKelvey
Y McKinney Y Meadows YMilam
Y Milford Y Mobley Y Moody
Y Moore YMorton Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell YParham 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
Ramsey.V YRandall Y Ransom

YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Shepard Y Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith,L
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 N Tolbert Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep

TUESDAY, FEBRUARY 16, 1988

1103

Y Walker.C Y Walker.L
N Wall

Y Ware Y Watson
Y Watts

Y White Y Wilder
Y Williams.B

Y Williams.J Y Wilson
Y Wood

Y Workman Y Yeargin
Murphy,Spkr

On the motion, the ayes were 165, nays 9. The motion prevailed.

Representative Hudson of the 117th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

1104

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 816. By Representatives Dover of the llth and Jamieson of the llth: A resolution commending Jim McEver.
HR 817. By Representatives Dover of the llth and Jamieson of the llth: A resolution commending Karen Hughes.
HR 818. By Representatives Goodwin of the 63rd, Pittman of the 60th, Wall of the 61st, Barnett of the 59th and Bannister of the 62nd: A resolution commending the Chairman of the Gwinnett County Commis sion, Lillian Webb.
HR 819. By Representatives Mobley of the 64th and Carrell of the 65th: A resolution commending Willie D. O'Kelly DuBois.
The following Resolution of the House was read and referred to the Committee on Natural Resources:
HR 820. By Representatives McKelvey of the 15th, Moody of the 153rd, Watts of the 41st, Branch of the 137th, Smith of the 16th and others: A resolution urging the Board of Natural Resources to develop a single multipurpose license for all types of hunting and fishing in this state.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 821. By Representatives Jackson of the 83rd, Ricketson of the 82nd, Heard of the 43rd, Langford of the 7th and Colwell of the 4th: A resolution urging Congress to redesignate the J. Strom Thurmond Lake as the Clarks Hill Lake.
Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration
the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1594 Do Pass, by Substitute Respectfully submitted,
/s/ Adams of the 36th Chairman

TUESDAY, FEBRUARY 16, 1988

1105

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

HB 1626.

By Representatives Colwell of the 4th, Foster of the 6th, Jackson of the 83rd and Greene of the 130th:
A bill to amend Code Section 50-16-34 of the Official Code of Georgia Anno tated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisi tion related services to or for state agencies, state authorities, and other instrumentalities of the state.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HR 664. By Representatives Wood of the 9th, Galer of the 97th, Bailey of the 72nd, McKelvey of the 15th, Wilder of the 21st and others:
A resolution authorizing the Georgia Building Authority to select a site on the grounds of the James H. "Sloppy" Floyd Veterans Memorial Building to erect the Vietnam Memorial.
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 111, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 502. By Senator Bryant of the 3rd:
A bill to amend Code Section 52-2-9 of the Official Code of Georgia Anno tated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; 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
Y Adams.G Y Adams.M
Aiken
Y Alford 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 Bishop
Y Bostick Y Branch
Brooks
Brown Y Buck
Y Buford Byrd

Carrell
Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark.L
Y Colbert Coleman
Y Colwell Connell

Y Couch
Cox Y Crawford Y Crosby
Y Cummings.B Cummings.M
Y Davis.G Y Davis.M
Dkon
Y Dobbs Dover
Dunn Edwards

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

1106

JOURNAL OF THE HOUSE,

Hanner Y Harris Y Hasty Y Heard Y Hensley
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
Kingston Lane,D Y Lane.R Y Langford Y Lawler Lawrence

Lawson YLee
Linder Long Lord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller

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

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

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

On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 504. By Senator Bryant of the 3rd:
A bill to authorize the Brunswick Port Authority, created by that Act of the General Assembly approved March 8, 1945, as amended, to assign, convey, grant, or otherwise transfer certain of its property, real, personal, tangible, intangible, or otherwise, to the Georgia Ports Authority (formerly State Ports Authority), created by Code Section 52-2-4 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 roll call was ordered and the vote was as follows:

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

Y Chance Y Cheeks Y Childers
Y Clark,B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch
Cox Y Crawford
Y Crosby Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton
Y Floyd Y Foster YGaler Y Godbee Y Goodwin

Y Green Greene
Y Greer Gresham
Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Hensley
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 Y Langford Y Lawler

Y Lawrence Y Lawson
YLee Linder
YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell

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

TUESDAY, FEBRUARY 16, 1988

1107

Y Smith.L
Smith.P YSmith.T
YSmith,W Smyre
YSnow YStancil

V Stanley
Y Steinberg YSUphens
Thomas.C Thomas.M Y Thompson Thurmond

Y Tolbert
Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C

Walker.L
Y Wall Ware
Watson Watts Y White Wilder

Y Williams,B
Williams,J Y Wilson
Y Wood Y Workman Y Yeaigin
Murphy.Spkr

On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1596. By Representatives Rainey of the 135th, Moody of the 153rd, Hasty of the 8th, Peters of the 2nd and Watts of the 41st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the "Georgia Boat Safety Act," so as to change the definition of a personal flotation device.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1707.

By Representatives Birdsong of the 104th, Crawford of the 5th and Waldrep of the 80th:
A bill to amend Code Section 45-16-6 of the Official Code of Georgia Anno tated, relating to participation in a coroner's training course, so as to provide that any coroner taking a required training course shall receive an expense allowance and travel reimbursement.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1650.

By Representatives Pannell of the 122nd, Robinson of the 96th, Chambless of the 133rd, Lawson of the 9th, Jackson of the 9th and others:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Anno tated, relating to the abatement of nuisances generally, so as to provide for the abatement of nuisances in the unincorporated areas of counties; to pro vide for the jurisdiction of courts in connection therewith; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards.

The following amendment was read and adopted:

Representative Pannell of the 122nd moves to amend HB 1650 by inserting in line 5 on page 2 between the word "county" and the word "shall" the following:
", unless otherwise provided by local law,".

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

1108

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1597.

By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd and Watts of the 41st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fishing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to cer tain nonresident hunting licenses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 707. By Representative Coleman of the 118th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant the City of Helena an easement upon and under certain real property owned by the State of Georgia in Telfair County, Georgia, for the construction, operation, maintenance, repair, and improve ment of certain water service facilities.

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 128, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1622.

By Representative Dunn of the 73rd:
A bill to amend Code Section 20-2-892 of the Official Code of Georgia Anno tated, relating to contributions by employees, state and local employers, and withholding or deducting employees' contributions, so as to change the method of computing the local employer's share of contributions to the health insurance fund.

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

Y Aaron
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 Brooks

Y Brown
Y Buck Y Buford
Y Byrd Carrell
Y Carter
Y Chambless Y Chance Y Cheeks
Y Childers Y Clark,B

Y Clark.H
Clark.L Y Colbert
Coleman Y Colwell
Connell
Y Couch Y Cox Y Crawford
Y Crosby Cummings.B

Y Cummings.M
Y Davis,G Y Davis.M
Dixon Y Dobbs Y Dover
Y Dunn Edwards
Y Felton
Y Floyd Y Foster

TUESDAY, FEBRUARY 16, 1988

1109

YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
Y Griffin
Y Groover Y Hamilton
Manner Y Harris Y Hasty 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
Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey Y McKinney
Y Meadows
Milam Milford Y Mobley

Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston
Y Pittman
Y Porter Y Powell
Prichard Rainey Ramsey.T Y Ramsey.V

Randall
Y Ransom YRay
Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Shepard
Y Sherrod
Simpson Y Sinkfield
Y Sizemore
Y Smith.L Smith.P
Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil Y Stanley Y Steinberg
Stephens

Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert 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 Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1623.

By Representative Dunn of the 73rd:
A bill to amend Code Section 45-18-14 of the Official Code of Georgia Anno tated, relating to deductions from compensation and benefits of share of cost of coverage under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state government, so as to change the method of computing contributions.

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 Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford
YByrd Carrell
Y Carter Y Chambless

Y Chance
Y Cheeks Y Childers
Y Clark.B Y Clark.H
Clark,L Y Colbert Y Coleman Y Colwell
Connell
Y Couch
YCox Y Crawford
Y Crosby Cummings,B
Y Cummings.M
Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y 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 Hanner Y Harris Y Hasty 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 Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Y Moore
Y Morton
Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell

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

1110

JOURNAL OF THE HOUSE,

Y Smith.L
Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow
Stancil

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

Y Tolbert
Townsend Y Triplett Y Twiggs Y Waddle
Waldrep Walker.C

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

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

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

HR 552. By Representatives Watson of the 114th and Kilgore of the 42nd:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Seed-Capital Fund from which funds shall be dis
bursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, or agriculture;
to provide for payments into the fund and disbursements therefrom; to provide for returns on loans and investments; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (g) to read as follows:
"(g) The General Assembly is authorized to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced
Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in
the areas of technology, manufacturing, or agriculture. Funds shall be disbursed in the form of loans or investments which shall provide for repayment, rents, dividends, royal ties, or other forms of return on investments as provided by law. Moneys received from
returns on loans or investments shall be deposited in the Seed-Capital Fund for further disbursement. The General Assembly is authorized to appropriate moneys to such fund
and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c) relative to the lapsing of funds. The General Assembly shall
be authorized to provide by law for any matters relating to the purpose or provisions of this subparagraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, or agricul ture and to provide for returns on loans and investments?"

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.

TUESDAY, FEBRUARY 16, 1988

1111

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

Y Aaron Y Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y 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
Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch YCox
Y Crawford Crosby
Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster
Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty 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 Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence
Y Lawson YLee
Linder Long YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M 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
Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinaon
Y Royal Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Y Smith.L
Smith.P Y Smith.T Y Smith, W
Y Smyre YSnow Y Stancil Y Stanley Y Steinberg
Stephens Thomas.C Y Thomas.M Y Thompson Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 1549. By Representatives Jackson of the 83rd, Padgett of the 86th, Connell of the 87th, Brown of the 88th, Harris of the 84th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton miscon duct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.

The following amendment was read:

Representative Simpson of the 70th moves to amend HB 1549 by adding in the title on line 4 of page 1, following the semicolon and preceding the word "to", the following:
"to provide certain tort immunity for nursing and advanced nursing students;".
By striking from Section 1, beginning on line 11 of page 1 and continuing on line 12, the following:
"a new Code Section 51-1-40",

1112

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following:
"new Code Sections 51-1-40 and 51-1-41".
By deleting the quotation marks at the end of line 22 of page 1.
By adding between lines 22 and 23 on page 1 the following:
"51-1-41. (a) No student who participates in the provision of nursing or advanced nursing care under the supervision of a medical facility, academic institution, or doctor of medicine, as a part of an academic curriculum leading to the award of a nursing or advanced nursing degree, shall be liable for any civil damages as a result of any act or omission in such participation, except for willful or wanton misconduct.
(b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or doctor of medicine.'"

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Simpson amendment to HB 1549 as follows:
Strike "or doctor of medicine.".

The Simpson amendment, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M 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
Brooks Y Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M 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 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 Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson Y Lee
Linder Long YLord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley
Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M 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
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YKay Y Reaves
Redding Y Richardson
Y Ricketson 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
Y Smyre YSnow Y Stancil Y Stanley Y Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplet! 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 Y Wilson
Y Wood Y Workman Y Yeargin
Murphy,Spkr

TUESDAY, FEBRUARY 16, 1988

1113

On the passage of the Bill, as amended, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolution of the House, favorably reported by the Committee on Rules, was read:
HR 722. By Representatives Colwell of the 4th, Cox of the 141st, Williams of the 48th, Greene of the 130th, Lord of the 107th and others: A resolution commending Honorable David C. Evans and inviting Commis sioner Evans to appear before the House of Representatives.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams,M Y Aiken
Alford 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 Brooks
Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings,B Y Cummings,M 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
Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Hensley
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 YLane.R
Y Langford Y Lawler
Y Lawrence Y Lawson YLee
Linder
YLong Lord Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
McKelvey McKinney Y Meadows Y Milam Y Milford Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M 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 Ramsey.T
Y Ramsey.V Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson 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 YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert 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,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 153, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read and adopted:

HR 822. By Representatives Clark of the 20th, Aiken of the 21st, Thompson of the 20th, Atkins of the 21st, Hensley of the 20th and others:
A resolution commending Mr. Tony Arasi.

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:

1114

JOURNAL OF THE HOUSE,

HB 1671. By Representatives Ware of the 77th and Wood of the 9th:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Anno tated, relating to the Georgia Life and Health Insurance Guaranty Associa tion, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resi dent only of one state for purposes of payments from the association; to provide for cover ages of the guaranty association to certain eligible persons; to change certain definitions; to provide for accounts and subaccounts to be maintained for assessment and administra tive purposes; to provide for the maximum liability of the association; to provide for assessments; to provide for an offset against premium tax liability; 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 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, is amended by striking Code Section 33-38-2, relating to the application and scope of coverage of the association, in its entirety and inserting in its place a new Code Section 33-38-2 to read as follows:
"33-38-2. (a) This chapter shall apply to direct life insurance policies, health insur ance policies, annuity contracts, contracts supplemental to life and health insurance poli cies, and annuity contracts issued by persons authorized to transact insurance in this state at any time. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, and any immediate or deferred annuity contracts,
(b) Coverage under this chapter shall be provided only: (1) To persons who, regardless of where they reside, except for nonresident certif
icate holders under group policies or contracts, are the beneficiaries, assignees, or payees of the persons covered under paragraph (2) of this subsection; and
(2) To persons who are owners of or certificate holders under such policies or con tracts or, in the case of unallocated annuity contracts, to the persons who are the con tract holders and who:
(A) Are residents; or (B) Are not residents, but only under all of the following conditions:
The insurers which issued such policies or contracts are domiciled in this
Such insurers never held a license or certificate of authority in the states in which such persons reside;
(iii) Such states have associations similar to the association created by this arti cle; and
(iv) Such persons are not eligible for coverage by such associations. {b} (c) This chapter shall not apply to:
(1) That portion or part of a variable life insurance or variable annuity contract not guaranteed by an insurer;
(2) That portion or part of any policy or contract under which the risk is borne by the policyholder;

TUESDAY, FEBRUARY 16, 1988

1115

(3) Any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, other than reinsurance for which assumption certificates have been issued;
(4) Any policy, contract, certificate, or subscriber agreement issued by a nonprofit hospital service corporation referred to in Chapter 19 of this title, a health care plan referred to in Chapter 20 of this title, a nonprofit medical service corporation referred to in Chapter 18 of this title, a prepaid legal services plan, as defined in Code Section 33-35-2, and a health maintenance organization, as defined in Code Section 33-21-1;
(5) Any policy, contract, or certificate issued by a fraternal benefit society, as defined in Code Section 33-15-1; er
(6) Accident and sickness insurance as defined in Code Section 33-7-2 when writ ten by a property and casualty insurer as part of an automobile insurance contract;
(7) Any unallocated annuity contract issued to an employee benefit plan protected under the federal Pension Benefit Guaranty Corporation: or
(8) Any portion of any unallocated annuity contract which is not issued to or in connection with a specific employee, union, or association of natural persons benefit plan."
Section 2. Said chapter is further amended by striking in their entirety paragraphs (1), (12), and (13) of Code Section 33-38-4, relating to definitions affecting the guaranty association, and inserting in their respective places new paragraphs (1), (12), and (13) to read as follows:
"(1) 'Account' means any of the thtee two accounts created under Code Section 33-38-5."
"(12) 'Premiums' means direct gross insurance premiums and annuity considerations received on covered policies, less return premiums and considerations thereon and divi dends paid or credited to policyholders on such direct business. The term 'premiums' does not include premiums and considerations on contracts between insurers and reinsurers. The term 'premiums' does not include any premiums in excess of $5 million on any unallocated annuity contract."
"(13) 'Resident' means any person who is domiciled in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom con tractual obligations are owed. A person may be a resident of only one state, which, in the case of a person other than a natural person, shall be its principal place of business."
Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 33-38-5, relating to the creation of the association and accounts for admin istration and assessment, and inserting in its place a new subsection (c) to read as follows:
"(c) For purposes of administration and assessment, the association shall maintain three two accounts: (1) the health insurance account; and (3) th life insurance account; ad (3) (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account."
Section 4. Said chapter is further amended by striking in its entirety paragraph (9) of Code Section 33-38-7, relating to the general powers and duties of the association, and inserting in its place a new paragraph (9) to read as follows:
"(9) The contractual obligations of the insolvent insurer for which the association becomes or may become liable shall be as great as, but no greater than, the contractual obligations of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4) of this Code section. With respect to any one contract holder covered by an unallocated annuity contract, the association shall be liable for not more than $5 million in benefits irrespective of the number of such contracts held by that contract holder. With respect to any other cov ered policy, the The aggregate liability of the association on any one life shall not exceed $100,000.00 with respect to the payment of cash values or $300,000.00 for all benefits including cash values; and".

1116

JOURNAL OF THE HOUSE,

Section 5. Said chapter is further amended by striking in its entirety Code Section 33-38-15, relating to assessments against insurers which are members of the association, and inserting in its place a new Code Section 33-38-15 to read as follows:
"33-38-15. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for each the health account and for each subaccount of the life insur ance and annuity account at such time and for such amounts as the board finds neces sary. Assessment shall be due not less than 30 days after prior written notice to the member insurers.
(b) There shall be three classes of assessments, as follows: (1) Class A assessments shall be made for the purpose of meeting administrative
costs and other general expenses not related to a particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 33-38-16;
(2) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an impaired or insolvent domestic insurer; and
(3) Class C assessments shall be made to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an insolvent foreign or alien insurer.
(c) (1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a non-pro rata basis. Such assessments for costs and expenses other than for examinations shall not exceed $50.00 per company in any one calendar year. The amount of any Class B or C assessment shall be allocated for assessment purposes among the accounts or subaccounts in subsection {a) {c} of Code Section 33-38-5 in the proportion that the premiums received by the impaired or insolvent insurer on the policies covered by each account or subaccount for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums bears to the premiums received by such insurer for such calendar year on all covered policies.
(2) Class C assessments against member insurers for each account or subaccount shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies by each account or subaccount for the last calendar year preceding the assessment bears to such premiums received by all assessed member insurers on business in this state for such calendar year preceding the assessment.
(3) Class B assessments for each account shall be made separately for each state in which the impaired or insolvent domestic insurer was authorized to transact insur ance at any time in the proportion that the premiums received on business in such state by the impaired or insolvent insurer on policies covered by such account or subaccount for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums bears to such premiums received in all such states for such calendar year by the impaired or insolvent insurer. The assessments against member insurers shall be in the proportion that the premiums received on business in each such state by each assessed member insurer on policies covered by each account or subaccount for the calendar year preceding the assessment bears to such premiums received by all assessed member insurers on business in each state for such calendar year preceding the assessment.
(4) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be made until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this Code section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.
(d) The association may abate or defer in whole or in part the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations.

TUESDAY, FEBRUARY 16, 1988

1117

In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this Code section.
(e) (1) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the account during the calendar year preceding the assessment. If the maximum assessment in any account, together with the other assets of the association, does not provide in any one year in such account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter.
(2) The total of all assessments upon a member insurer for each subaccount of the life insurance and annuity account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the subaccount during the calendar year preceeding the assessment. If the maximum assessment for any subaccount of the life insurance and annuity account in any one year does not provide an amount sufficient to carry out the responsibilities of the association, then the board shall assess the other subaccounts of the life insurance and annuity account for the necessary additional amount up to the maximum assessment level provided in paragraph (1) of this subsection. (f) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account or subaccount, the amount by which the assets of the account or subaccount exceed the amount the board finds is necessary to carry out the obligations of the associ ation during the coming year with regard to that account or subaccount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account or subaccount to provide funds for the continuing expenses of the association and for future losses if the board determines that refunds are impractical. (g) It shall be proper for any member insurer in determining its premium rates and policy owner dividends as to any kind of insurance within the scope of this chapter to consider the amount reasonably necessary to meet its assessment obligations under this chapter. (h) The association shall issue to each insurer paying an assessment under this chapter, other than a Class A assessment, a certificate of contribution, in a form pre scribed by the Commissioner for the amount of the assessment paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial state ment as an asset in such form, for such an amount and for such period of time, not to exceed five years from the date of assessment, as the Commissioner may approve."
Section 6. Said chapter is further amended by adding immediately following Code Section 33-38-21, relating to references to the association in advertisements for insurance, a new Code Section 33-38-22 to read as follows:
"33-38-22. (a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing busi ness, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.
(b) Any sums which are acquired by refund, pursuant to subsection (f) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such insurers to this state in such manner as the state revenue commis sioner may require. The association shall notify the Commissioner that such refunds have been made."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

1118

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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 Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark,H Clark,L
Y Colbert

Y Coleman
Y Colwell Connell
Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn
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 Banner Y Harris Y Hasty 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
Linder
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey McKinney
Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore Y Morion

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M
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 Randall
Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson 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
YSmyre YSnow Y Stancil Y Stanley Y Steinberg
Stephens
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y WaU Y Ware Y Watson Y Watts
White Y WUder Y Williams.B
Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
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.

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.

WEDNESDAY, FEBRUARY 17, 1988

1119

Representative Hall, Atlanta, Georgia Wednesday, February 17, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Adams.G Adams.M Aiken Athon Atkins Bailey Bannister Bargeron Barnett.B Barnett,M Beck
Benn Birdsong Bostick
Branch
Brooks
Brown
Buford
Byrd
Carrell Carter Chambless Chance Cheeks Childers Clark.B Clark.H Colbert Coleman Colwell Connell Couch

Cox
Crawford
Crosby
Cummings.B Davis.G
Dixon
Dobbs Dover Dunn Edwards Floyd
Foster Galer Godbee Good win Green Greene Greer Gresham
Griffin Groover
Hamilton Manner
Harris
Hasty Heard Hensley Herbert Holcomb
Hooks Hudson Isakson

Jackson,J Jackson.W Jamieson
Johnson,D Johnson.R Kilgore Kingston Lane.D Lane,R Langford Lawler
Lawrence
Lawson Lee Linder Long Lord Lucas Lupton
Mangum
Martin
McCoy
McDonald
McKelvey
McKinney
Meadows Milam
Mobley
Moore
Morton
Mostiler

Moultrie Mueller Oliver.C Orrock Padgett Pannell Par ham Parrish Patten Peters Pettit Phillips Pittman Porter Powell Prichard Rainey Ramsey.T Ramsey.V
Ransom
Ray
Reaves Redding
Richardson
Ricketson
Robinson
Royal
Selman
Shepard
Sherrod
Simpson

Sinkfield Sizemore Smith,L Smith,P Smith.T Smith.W
Snow Stancil Stanley Stephens Thomas.M Thompson Thurmond Tolbert Townsend Triplett Twiggs Waddle Waldrep
Wall Watson
Watts
White
Wilder
Williams.B
Williams,J
Wilson
Wood
Workman
Yeargin
Murphy ,Spkr

Prayer was offered by Dr. Winfred M. Hope, Pastor, Ebenezer Baptist Church, Athens, Georgia.

Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.

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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 intro duced, read the first time and referred to the committees:

HB 1749. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the City of Springfield, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1750. By Representative Redding of the 50th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the protection of public health, safety, and the environment by establishing a Radon Licensing Board; to provide a short title.
Referred to the Committee on Health & Ecology.

HB 1751. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating and establishing a charter for the City of Dalton, so as to provide express legislative authority for the conveyance of certain city owned property located in the City of Dalton, Whitfield County, Georgia to Whitfield County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1752. By Representatives Foster of the 6th, Griffin of the 6th, Oliver of the 121st, Aaron of the 56th, Hensley of the 20th and others:
A bill to amend Code Section 39-2-8 of the Official Code of Georgia Anno tated, relating to the employment of certain minors during school vacation months, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions.
Referred to the Committee on Industrial Relations.

HB 1753. By Representatives Aiken of the 21st and Bostick of the 138th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the courts wherein jury and nonjury trials of traffic cases shall be held; to provide for transfer and remand of cases.
Referred to the Committee on Special Judiciary.

HB 1754. By Representatives Aiken of the 21st and Bostick of the 138th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to revise provisions relating to witness fees for law enforcement and other officers required to attend judicial proceedings during off duty hours.
Referred to the Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 17, 1988

1121

HB 1755. By Representatives Greene of the 130th, Couch of the 40th, Byrd of the 153rd, Hooks of the 116th, Balkcom of the 140th and others:
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 benefits to law enforcement officers who contract Acquired Immunodeficiency Syndrome or AIDS Related Complex or who become infected with HIV as a result of con tact with an HIV infected person or the body fluids of such a person while in the performance of the official duties of such law enforcement official.
Referred to the Committee on Health & Ecology.

HB 1756. By Representatives Bannister of the 62nd, Prichard of the 8th, Hasty of the 8th, Herbert of the 76th, Cummings of the 17th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to provide a method and procedure for saving funds to provide higher education to citizens of Georgia.
Referred to the Committee on University System of Georgia.

HB 1757. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, so as to change the compensation of the judge and solicitor of such court; to provide for certain cost-of-living increases.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1758. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1759. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1760. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1761. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1762. By Representatives Barnett of the 59th, Bannister of the 62nd, Pittman of the 60th, Goodwin of the 63rd and Wall of the 61st:
A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compen sating the board; to change the amount of compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1763. By Representatives Thompson of the 20th, Hensley of the 20th, Groover of the 99th, Lee of the 72nd, Twiggs of the 4th and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions governing law enforcement officers and agencies, so as to declare state law enforcement as a special and high-risk occupation.
Referred to the Committee on Public Safety.

HB 1764. By Representative Johnson of the 72nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regu lation of certain real estate appraisers; to create the Georgia Real Estate Appraisers Board and provide for the membership, qualifications, terms, offi cers, powers, duties, authority, compensation, expenses, quorum, practices, and procedures thereof.
Referred to the Committee on Industry.

HB 1766. By Representative Sizemore of the 136th:
A bill to amend an Act providing for the election of members of the board of education of Turner County, so as to change the provisions relating to regular meetings of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1767. By Representatives Pittman of the 60th, Wall of the 61st, Bannister of the 62nd, Mobley of the 64th and Barnett of the 59th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city; to provide for maps and descriptions of the corporate boundaries.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1771. By Representatives Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Isakson 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 solicitor; to change the provisions relating to the compensation of the chief assistant solicitor and the assistant solicitors; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 17, 1988

1123

HB 1772. By Representative Mostiler of the 75th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Anno tated, known as "The Credit Card and Credit Card Bank Act," so as to make provisions for the computation of finance or interest charges on credit card accounts.
Referred to the Committee on Banks & Banking.

HR 815. By Representative Smith of the 152nd: A resolution creating the House Agricultural Assistance Study Committee.
Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1779. By Representatives Moore of the 139th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change references to the State Board of Postsecondary Vocational Education to the Department of Technical and Adult Education.
Referred to the Committee on Retirement.

HB 1782. By Representatives Colbert of the 23rd and Greer of the 39th:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change certain provi sions relating to qualifications for the office of judge of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1736 HB 1737 HB 1738 HB 1739
HR I1?!?
tiD L /41
HB 1743 HB 1744 HB 1745 HB 1746 HB 1747

HB 1748 HB 1765 HB 1768 HB 1769
HB 177
T"T"D anwn
SB 553 SB 615 SB 616 SR 323

Representative Mangum of the 57th District, Chairman of the Committee on Edu cation, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Education 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 1240 Do Pass, as Amended HB 1313 Do Pass, by Substitute

HB 1403 Do Pass, by Substitute HB 1618 Do Pass

Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1694 Do Pass, by Substitute HB 1611 Do Pass, by Substitute
Respectfully submitted, /s/ Rainey of the 135th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 813 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1708 Do Pass, by Substitute HB 1722 Do Pass HB 1734 Do Pass

HB 1735 Do Pass HR 801 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

WEDNESDAY, FEBRUARY 17, 1988

1125

Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1662 Do Pass SB 424 Do Pass HR 752 Do Pass, as Amended
Respectfully submitted, lal Buck of the 95th
Chairman

Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1415 Do Pass HB 1657 Do Pass
Respectfully submitted, M Wilson of the 20th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 17, 1988

Mr. Speaker and Members of the House:

The House Committee on Rules has set the calendar for this 27th Legislative Day as enumerated below:

HB 841 HB 1284 HB 1364 HB 1395 HB 1479 HB 1499 HB 1501 HB 1502 HB 1513 HB 1590 HB 1638 HB 1674 HB 1724

State Agencies: Contested Cases in Decisions: Statements Automated Telephone Dialing: Cert. Numbers: Prohibition Amusement Ride Safety Act: Amend Liability Insurance State Properties Commission: Certain Exemptions Judicial Officers: Unlawful to Interfere W/Official Duties Housing Auth.: Joint Cooperation: Urban Res. Finance Auth. Urban Residential Finance Auth. for Large Mun.: Definitions Downtown Development Auth.: Contracts: Authorization MARTA: Rapid Transit Contracts: Procedures (P.P. 2/5/88) Insurance: Life Benefit Certificates: Requirements Public Employees: Deferred Comp. Plan: Define Employee Tax Sales: Redemption Period: Certain Date Tickets: Service Charges: Change Amount

HR 588 Callaway, Angie: Compensate HR 659 Export Finance Fund: Create - CA

1126

JOURNAL OF THE HOUSE,

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time:

HB 1708. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Mansfield.

The following Committee substitute was read and adopted:

A BILL
To provide a new charter for the City of Mansfield; 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 regula tions; to provide for a municipal court and the judge or judges thereof; to provide for prac tices 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 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. The City of Mansfield in Newton County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Mansfield." References in this charter to "the city" or "this city" refer to the City of Mansfield. The city shall have perpetual exist ence.
Section 1.11. Corporate boundaries. The boundaries of this city shall be those exist ing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Mansfield, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
Section 1.12. Municipal powers, (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 com pletely as though they were specifically enumerated in this charter. This city shall have

WEDNESDAY, FEBRUARY 17, 1988

1127

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. Said powers shall include, but are not limited to, the following:
(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 governments and 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 within the city and to provide for the enforcement of such standards;

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(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 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 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 with drawal 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 appurte nances 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 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, 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; 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;

WEDNESDAY, FEBRUARY 17, 1988

1129

(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 the 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 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 fran
chises 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; 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 to 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 taxing 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 improvement; (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

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JOURNAL OF THE HOUSE,

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 1.13. 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, ELECTIONS, AND REMOVAL
Section 2.10. City council creation; composition; number; election, (a) 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.
(b) The mayor and councilmembers 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 this city for 24 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 2.11. Elections, (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and are bona fide residents of said city shall be eligible to qualify as voters in the election.
(b) 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." 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 the "Georgia Municipal Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Mansfield shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election.
(e) On the Tuesday next following the first Monday in November, 1988, and on that day biennially thereafter, there shall be elected the councilmembers from Posts 3, 4, and 5. Then, on the Tuesday next following the first Monday in November, 1989, and on that

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day biennially thereafter, there shall be elected a mayor and the councilmembers from Posts 1 and 2. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter.
Section 2.12. Vacancies in office, (a) (1) 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.
(2) 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 suspen sion becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, 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 six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 2.14. Election by majority. The candidate receiving a majority of the votes cast for any city office shall be elected.
Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
Section 2.16. Prohibitions, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his 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, object, 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; or
(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 a financial interest, (b) 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

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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 deci sion or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such 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) 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) Except as authorized by law, no member of the council shall hold any other elec tive city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
Section 2.17. Removal of officers, (a) The mayor, a councilmember, 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 qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this char ter; (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 any officer pursuant to subsection (a) of this section shall be accom plished by one of the following methods: (1) By the vote of three 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 Newton 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 Newton County following a hearing on a complaint seeking such removal brought by any resident of the City of Mansfield.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES
Section 3.10. General power and authority. 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.
Section 3.11. Organization, (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. 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:
"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

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charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testi mony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as pro vided by ordinance.
Section 3.13. 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 meeting shall be served on all other members personally, or by telephone personally. Such notice to councihnembers 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, except by unanimous approval of all councilmembers present. With such consent, any business which may be transacted in a regular meeting may be conducted 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 given as required by law.
Section 3.14. Procedures, (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 keep ing 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 3.15. Voting, (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to trans act the 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 jour nal. Except as otherwise provided in this charter, the affirmative vote of three 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 3.16. Ordinances, (a) Every proposed ordinance shall be introduced in writ ing 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 Mansfield 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 emer gency ordinances provided for in Section 3.18. 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 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. Emergencies. To meet a public emergency affecting life, health, prop erty, 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 ordi nance 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 continues to exist. An emergency ordi nance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 3.19. Codes, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and require ments governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distri bution 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 authenti cated and recorded by the clerk pursuant to Section 3.20 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 3.20. Codification of ordinances, (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordi nances 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 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 Mansfield, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made avail able 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 sub stantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. 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 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration.
Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Preside over all meetings of the city council; (7) Call special meetings of the city council as provided for in Section 3.13; (8) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (9) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (10) Approve or disapprove ordinances as provided in Section 3.23; (11) Require any department or agency of the city to submit written reports when ever he deems it expedient; (12) Sign as a matter of course all written contracts, ordinances, and other instru ments executed by the city which by law are required to be in writing; and (13) Perform such other duties as may be required by general state law, this char ter, or ordinance.
Section 3.23. Submission of ordinances to the mayor; veto power, (a) Every ordi nance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption.
(b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordi nance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
ARTICLE IV ADMINISTRATIVE AFFAIRS
Section 4.10. Department heads, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish,

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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 directors of depart ments and other officers of the city shall be appointed solely on the basis of their respec tive 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 depart ment or agency.
(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.
Section 4.11. Boards, (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 composi tion, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be pro vided by ordinance, except where other appointing authority, 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 reimburse ment for actual and necessary expenses of the members of any board, commission, or authority.
(d) 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.
(e) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faith fully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(f) 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.
(g) 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 members or may appoint as secre tary 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, an ordinance 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 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attor ney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney.

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Section 4.13. City clerk. The city council 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 4.14. Treasurer. The city council 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 4.15. Rules and regulations. The city council shall adopt rules and regula tions consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of pro motion 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 V JUDICIAL BRANCH
Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Mansfield.
Section 5.11. Judges, (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 and shall be a member of the State Bar of Georgia. 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 3.14 of this charter.
Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 5.13. 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 the 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 $1,000.00 or imprisonment for 90 days or both such fine and imprison ment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for viola tion of state law.

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(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 dis cretionary authority to accept cash or personal or real property as surety bond 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 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.
(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 shall have the authority to bind prisoners over to the appro priate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties neces sary to a proper disposal of each case by the issuance of summonses, subpoenas, and war rants which may be served as executed by any officer as authorized by this charter or by law.
(i) 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.
(j) 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 partic ularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 5.14. 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 Newton County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 5.15. Rules. 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, how ever, 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, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
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. 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 taxes and business license fees. The 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 busi ness in this city or who practice or offer to practice any profession or calling within the

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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 pay ment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses. 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 pay a reasonable fee for such license or permit where such activ ities 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, telephone 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 consider ation for such franchises; provided, however, that 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 previ ously granted.
Section 6.15. Sewer fees. 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. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurte nances from the abutting property owners under such terms and conditions as are reason able. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. 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. The city council by ordinance may pro vide 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. Borrowing. 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 pro duced by the project, program, or venture for which they were issued.
Section 6.21. 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. Accounting and budgeting. 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. Budget ordinance. 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. Operating budget. 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 mayor 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 mayor 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, the capital improvements budget, 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. Adoption, (a) The city council may amend the operating budget pro posed by the mayor, 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 city council shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items pro rated 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.
(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. Levy of taxes. 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 government of this city.
Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
Section 6.28. Capital improvements, (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor

WEDNESDAY, FEBRUARY 17, 1988

1141

shall submit to the city council a proposed capital improvements budget with his recom mendations as to the means of financing the improvements proposed for the ensuing 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 author ize 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 3.17 of this charter.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriations pro vided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, how ever, the mayor 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 majority vote of the city council.
Section 6.29. Audits. 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 prin ciples. 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. Procurement and property management. 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 3.14 of this charter.
Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of 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 finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or sepa rated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place 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 here after made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of this 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 shall from time to time require by ordi nance or as may be provided by law.

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Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regula tions 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. Charter language on other general matters. Except as specifically pro vided 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 coun cil.
Section 7.13. Definitions and 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. Specific repealer. An Act to establish a new charter for the Town of Mansfield, approved August 21, 1906 (Ga. L. 1906, p. 838), as amended, is repealed in its entirety.
Section 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 1722. By Representative Thomas of the 69th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to provide for the corporate limits of the City of Villa Rica.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1734.

By Representatives Davis of the 45th, Morton of the 47th, Tolbert of the 58th, Williams of the 48th, Lawrence of the 49th and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1735. By Representative Carrell of the 65th:
A bill to amend an Act creating the Walnutgrove-Youth Water Authority, so as to change the name of the authority; to provide for the membership of the authority.

WEDNESDAY, FEBRUARY 17, 1988

1143

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House, favorably reported by the Committee on State Planning and Community Affairs, was read:

HR 801. By Representatives Kingston of the 125th, Triplett of the 128th, Hamilton of the 124th, Johnson of the 123rd, Mueller of the 126th and others:
A resolution urging the Board of Commissioners of Chatham County to grant additional property tax relief to the elderly.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution was adopted.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and others:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county depart ments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retire ment System of Georgia or remain members of a local retirement system.

SB 510. By Senator Allgood of the 22nd:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems; to provide for related matters.

SB 511. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to possess, manufacture, sell, or distribute false identification docu ments; to provide definitions; to provide penalties.

SB 531. By Senator Peevy 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 municipalities, so as to provide for the regulation of solid waste collection or disposal services when a county or municipality enters into or expands such services where such services are provided by certain private companies.

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SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Anno tated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.
SB 578. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to requirements for issuance of motor vehicle liability insur ance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to file a claim with the insurer of the party at fault in the accident.
SB 586. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers.
SB 599. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provi sions relating to the crime of theft by conversion to include conversion of leased personal property; to repeal certain provisions relating to the offense of conversion of leased personal property.
SB 617. By Senators Gillis of the 20th, Ray of the 19th and English of the 21st:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Anno tated, relating to prohibitions against the sale of real or personal property to political subdivisions by local officers or employees, so as to provide that sales of personal property of less than $500.00 per calendar quarter shall not be prohibited.
SB 624. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, expenses, and allow ances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contributions to be paid by certain counties comprising said circuit; to provide an effective date; to provide for applicability.
SB 639. By Senator Huggins of the 53rd:
A bill to amend an Act creating a new charter for the City of LaFayette, as amended, so as to change and define the corporate limits of the City of LaFayette.
HB 1666. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act providing a new charter for the City of Athens in Clarke County, so as to authorize the city to have and be authorized to exer cise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

WEDNESDAY, FEBRUARY 17, 1988

1145

HB 1682.

By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all ad valorem taxes for educational purposes, including taxes to retire bonded indebtedness, for each resident of the Upson County School District who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.

HB 1683.

By Representative Adams of the 79th:
A bill to provide a homestead exemption of $10,000.00 from all Upson County ad valorem taxes, including taxes to retire bonded indebtedness but excluding ad valorem taxes for the Upson County School District, for each resident of Upson County who is disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed $10,000.00.

HB 1685.

By Representative Adams of the 79th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Upson County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system, including taxes to retire bonded indebtedness.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1625. By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to create the Cobb County Commission on Children and Youth; to pro vide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds.

HB 435. By Representatives Walker of the 85th, Brown of the 88th, Padgett of the 86th, Harris of the 84th, Davis of the 45th and others:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit construction activity on property which contains an abandoned landfill.

HB 1221.

By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definition of the offense of pandering; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drink ing age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.

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The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 924. By Representatives Chambless of the 133rd, Thomas of the 69th and Robinson of the 96th:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Anno tated, relating to limited partnerships, so as to revise, modernize, and super sede the laws of Georgia relating to limited partnerships.

HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.

HB 1444. By Representatives Chambless of the 133rd, Thomas of the 69th, Groover of the 99th and Robinson of the 96th:
A bill to amend Code Section 14-2-371 of the Official Code of Georgia Anno tated, relating to fees of the Secretary of State for filing documents and issu ing certificates relating to business corporations, so as to change a fee; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state wide county computerized information network and participation by clerks of superior courts therein.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 1267. 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 amend an Act providing for appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1987-1988.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 87. By Senators Langford of the 35th, Coverdell of the 40th, Newbill of the 56th and others:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employees of county boards and county depart ments of health of counties of this state having a population of 550,000 or more shall have the option to become members of the Employees' Retire ment System of Georgia or remain members of a local retirement system.
Referred to the Committee on Retirement.

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1147

SB 510. By Senator Allgood of the 22nd:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems; to provide for related matters.
Referred to the Committee on Judiciary.

SB 511. By Senator Burton of the 5th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to possess, manufacture, sell, or distribute false identification docu ments; to provide definitions; to provide penalties.
Referred to the Committee on Special Judiciary.

SB 531. By Senator Peevy 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 municipalities, so as to provide for the regulation of solid waste collection or disposal services when a county or municipality enters into or expands such services where such services are provided by certain private companies.
Referred to the Committee on Natural Resources & Environment.

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Anno tated, relating to county boards and departments of health in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to change the provisions relating to health insurance benefits for employees of such county boards or departments of health.
Referred to the Committee on Insurance.

SB 578. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to requirements for issuance of motor vehicle liability insur ance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that a person who suffers personal injury or property damage in a motor vehicle accident shall be authorized to file a claim with the insurer of the party at fault in the accident.
Referred to the Committee on Motor Vehicles.

SB 586. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect off-duty peace officers.
Referred to the Committee on Public Safety.

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SB 599. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provi sions relating to the crime of theft by conversion to include conversion of leased personal property; to repeal certain provisions relating to the offense of conversion of leased personal property.
Referred to the Committee on Judiciary.

SB 617. By Senators Gillis of the 20th, Ray of the 19th and English of the 21st:
A bill to amend Code Section 16-10-6 of the Official Code of Georgia Anno tated, relating to prohibitions against the sale of real or personal property to political subdivisions by local officers or employees, so as to provide that sales of personal property of less than $500.00 per calendar quarter shall not be prohibited.
Referred to the Committee on Judiciary.
SB 624. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, expenses, and allow ances of the district attorney for the Ocmulgee Judicial Circuit; to provide for contributions to be paid by certain counties comprising said circuit; to provide an effective date; to provide for applicability.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 639. By Senator Huggins of the 53rd:
A bill to amend an Act creating a new charter for the City of LaFayette, as amended, so as to change and define the corporate limits of the City of LaFayette.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the
following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1724.

By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.

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
Alien Y Athon

Y Atkins Y Bailey
Y Balkcom Y Bannister Y Bargeron
Barnett,B Barnett,M

Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch

Brooks Brown
Y Buck Y Buford Y Byrd
Y Carrell Y Carter

Chambtess Y Chance
Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L

WEDNESDAY, FEBRUARY 17, 1988

1149

Y Colbert Coleman
Y Colwell Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G N Davis.M Y Dixon
Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Godbee Y Goodwin Green
Y Greene Y Greer
Y Gresham Y Griffin Y Groover

Hamilton
Y Hanner Y Harris
Hasty Y Heard
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 N Lawrence Y Lawson YLee Y Linder YLong
YLord

Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald
McKelvey McKinney Y Meadows Y Milam Milford Y Mobley Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Y Phillips

Pinkston N Pittman
Y Porter Powell
Prichard Y Rainey Y Ramsey.T
Y Ramsey.V Randall
Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson 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
Thomas.C Y Thomas.M
Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L N Wall
Ware Y Watson
Y Watts White Wilder
Y Williams,B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 133, nays 5. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1724 was ordered immediately transmitted to the Senate.

HB 1395.

By Representatives Colwell of the 4th, Greene of the 130th, Foster of the 6th, Cox of the 141st and Johnson of the 72nd:
A bill to amend Code Section 50-22-7 of the Official Code of Georgia Anno tated, relating to exemptions from the requirements of Chapter 22 of Title 50 concerning managerial control over acquisition of professional services, so as to exempt the State Properties Commission from the provisions of such chapter.

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 Y Barnett.B Y Barnett.M Y Beck
Benefield Benn
Y Birdsong Y Bishop Y Bostick

Y Branch Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark,H Clark.L
Colbert Y Coleman
Y Colwell Connell
Y Couch

YCox Y Crawford
Crosby Y Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon Y Dobbs
Y Dover Dunn 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 Hanner Y Harris Y Hasty 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 Linder
YLong YLord
Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

1150

JOURNAL OF THE HOUSE,

McKinney Y Meadows
Milam Milford Y Mobley Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Orrock Y Padgett Y Pannell

Y Parham Y Parrish Y Patten
Peters Pettit Y Phillips Pinkston Y Pittman Y Porter Y Powell Prichard Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom

YRay Y Reaves Y Redding
Richardson Y Ricketson
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
Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Y Townsend Y Triplett Y Twiggs Y Waddle

Y Waldrep Walker.C Walker.L
Y Wall Ware
Y Watson
Watts White Wilder Y Williams.B
Y Williams,J Y Wilson Y Wood Y Workman Y Yeaigin
Murphy,Spkr

On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 588. By Representative Isakson of the 21st: A resolution compensating Ms. Angie Callaway.

The following amendment was read and adopted.

The Committee on Appropriations moves to amend HR 588 by striking on Line 19, page 1 the words $2,886.19 and inserting in lieu thereof $383.95.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the 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 Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck
Benefleld Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance
Y Cheeks Y Childers Y Clark.B

Y Clark.H Clark,L
Colbert Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover
Dunn 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 Banner

Y Harris Y Hasty
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 YLong YLord
Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald

Y McKelvey McKinney
Y Meadows
Y Milam Milford
Y Mobley
Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Pettit Y Phillips Pinkston Y Pittman Y Porter
Y Powell Prichard Rainey
Y Ramsey.T Y Ramsey.V
Randall
Y Ransom

YRay Y Reaves
Redding
Richardson Ricketson Y Robinson 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
Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas,C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep

WEDNESDAY, FEBRUARY 17, 1988

1151

Walker,C Walker.L
YWall

Ware Y Watson
Watts

White Wilder
Y Williams,B

Y Williams,J Wilson
Y Wood

Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 138, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 659. By Representatives Galer of the 97th, Watson of the 114th, Kilgore of the 42nd, Branch of the 137th, Porter of the 119th and others

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities pro duced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia; to provide for payments into the fund and disbursements therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (g) to read as follows:
"(g) The General Assembly is authorized to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c) relative to the lapsing of funds. Moneys shall be paid out of the Export Finance Fund for such purposes in furtherance of the Georgia export finance program and pur suant to such procedures as provided by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly to provide by law lor the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia?"

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.

1152

JOURNAL OF THE HOUSE,

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
Alien Y Athon Y Atkins Y Bailey
Balk com Y Bannister Y Bargeron Y Barnett.B
Barnett,M YBeck
Benefleld YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark,H
Clark.L Y Colbert

Y Coleman Colwell Connell
Y Couch
YCox Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon Y Dobbs
Y Dover Dunn Edwards
Y Felton Y Floyd
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 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 YLong YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley
Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Peters Pettit Y Phillips Pinks ton Y Pittman Y Porter Y Powell Prichard Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
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 Y Snow Y Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs Y 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
Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 141, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 1590.

By Representative Birdsong of the 104th:
A bill to amend Chapter 15 of Title 33 of the Official Code of Georgia Anno tated, relating to fraternal benefit societies, so as to require any provision relating to the control of the exercise of rights under life benefit certificates to be set out under a separate caption and printed in boldface type.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 1638.

By Representative McDonald of the 12th:
A bill to amend Code Section 45-18-30 of the Official Code of Georgia Anno tated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 17, 1988

1153

On the passage of the Bill, the ayes were 111, nays 5. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
HB 1674. By Representative Stephens of the 68th: A bill to amend Article 2 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to purchase by counties at tax sales, so as to provide a date for the expiration of the redemption period for realty sold under tax execution before August 22, 1981.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1284.

By Representative Steinberg of the 46th:
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 services, generally, so as to prohibit access to the use of certain telephone numbers when solicitations to call such numbers are made with certain automated dialing equipment; to make it unlawful to solicit calls to certain telephone numbers through the use of certain automated dialing equipment.

The following amendment was read and adopted:

The Committee on Rules moves to amend HB 1284 as follows: indent on line 26 after "of the following:
"subsection (b) of

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the 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 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
Y Brooks Y Brown Y Buck
Y Buford Y Byrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell
Connell
Y Couch

Y Cox
Y Crawford Crosby
Y Cummings.B
Cummings.M 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 Manner
Y Harris Y Hasty 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
Mangum Y Martin Y McCoy
McDonald
Y McKelvey

1154

JOURNAL OF THE HOUSE,

Y McKinney
Y Meadows
Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell

Par ham 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
Randall Y Ransom

YRay Reaves
Y Redding Y Richardson Y Ricketson 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 Smyre
YSnow
Y Stancil
Y Stanley
Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend
Triplett
Y Twiggs Y Waddle

Y Waldrep Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spki

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.

HB 841. By Representative Hamilton of the 124th:
A bill to amend Code Section 50-13-17 of the Official Code of Georgia Anno tated, relating to agency decisions in contested cases, so as to provide that all findings of fact by agencies shall be accompanied by a concise and explicit statement of underlying facts supporting the findings.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron 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
Y Benn
Birdsong
Bishop
Y Bostick
Y Branch
Y Brooks
Brown
YBuck Y Buford YByrd
Carrell Y Carter
Y Chambless
Y Chance
Y Cheeks Y Childers Y Clark.B
Clark.H Clark.L Y Colbert

Coleman Y Colwell
Connell Couch YCox Y Crawford Y Crosby Y Cummings,B Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Dunn 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 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 Lawaon YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell
Prichard Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Sinkfield

On the passage of the Bill, the ayes were 147, nays 0.

Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil
Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall Y Ware Y Watson
Watts White Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Workman Y Yeargin Murphy .Spkr

WEDNESDAY, FEBRUARY 17, 1988

1155

The Bill, having received the requisite constitutional majority, was passed.

Representative Johnson of the 123rd 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.

HB 1479.

By Representatives Oliver of the 53rd, Martin of the 26th, Pannell of the 122nd and Dunn of the 73rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to make it unlawful to intimidate, impede, or obstruct or to endeavor to intimidate, obstruct, or impede certain judicial officers and other public officers in the carrying out of their official duties or to injure such officers on such account.

The following amendment was read and adopted:

Representatives Groover of the 99th and Oliver of the 53rd move to amend HB 1479 as follows:
Page 1, Line 27, add: "or" following "juror". Page 2, Line 6, delete "or" following "duties" Page 2, delete Lines 7, 8, and 9.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G YAdams.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 Y Benn
Birdsong Bishop Y Bostick
Y Branch Y Brooks Y Brown Y Buck Y Buford Y Byrd
Carrell Y Carter

Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert
Coleman Y Colwell
Connell Y Couch Y Cox Y Crawford
Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Galer

Y Godbee Y Goodwill Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Hanner
Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb
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 Y Lee Y Linder Y Long
Y Lord Y Lucas
Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney Y Meadows Milam Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Y Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal Y Selman

1156

JOURNAL OF THE HOUSE,

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
Steinberg Y Stephens
Thomas.C

Y Thomas.M Y Thompson
Thurmond Y Tolbert
Townsend Y Triplett Y Twiggs Y Waddle

Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Watson
Watts White

Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

HB 1499. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-13 of the Official Code of Georgia Anno tated, relating to cooperation and joint operation of housing authorities, so as to authorize certain cooperation and joint operation between housing authorities and urban residential finance authorities.

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
Balkcom Y Bannister
Bargeron Barnett.B Y Barnett,M YBeck Y Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings.B
Cummings,M 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 Hanner
Y Harris Y Hasty 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
Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M 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
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson 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 Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend Y Triplett
Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 17, 1988

1157

Representative Redding of the 50th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1499.

HB 1501.

By Representative McKinney of the 35th:
A bill to amend Chapter 41 of Title 36 of the Official Code of Georgia Anno tated, relating to urban residential finance authorities for large municipal ities, so as to change certain definitions.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to change certain definitions; to provide for a new definition; to change certain provisions relating to mem bers of the boards of such authorities; to provide for applicability of certain laws; to pro vide for additional powers and authority; to change certain provisions relating to the selection of qualified firms to perform certain audits; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relat ing to urban residential finance authorities for large municipalities, is amended by striking paragraphs (13) and (16) of Code Section 36-41-3, relating to definitions regarding certain urban residential finance authorities, and inserting in their place new paragraphs (13) and (16), respectively, to read as follows:
"(13) 'Qualified housing sponsor' means an entity, whether organized for profit or not, meeting criteria established by the authority, which has undertaken to provide housing which will be available for sale or rent to eligible persons and families upon such terms and in conformity with administrative guidelines established by the authority. With respect to residential housing to be occupied substantially by students, the term 'quali fied housing sponsor' shall mean a nonprofit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which provides a program of education beyond the high school level, and which:
(A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;
(B) Provides an educational program for which it awards a bachelor's degree or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a postgraduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and
(C) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the university system and its educational units for credit on the same basis as if trans ferred from an institution so accredited; provided, however, that a nonprofit educational institution which is otherwise a qualified housing sponsor as defined in this paragraph shall be deemed to be a qualified housing sponsor notwithstanding such institution's maintenance of a special early admission policy for gifted high school students." "(16) 'Residential housing' means any real property and improvement thereon, whether multifamily residential housing or single-family residential housing, within the geographic boundaries of a large municipality activating the authority, which is owned, in whole or in part, by an eligible household or which is providing or shall provide, in

1158

JOURNAL OF THE HOUSE,

whole or in part, dwelling accommodations for eligible households] provided, however, that with respect to multifamily residential housing, such multifamily residential housing shall be deemed to be occupied by eligible households if at least 20 percent of the dwell ing units of such multifamily residential housing are occupied by eligible households. The term 'residential housing' shall include dormitories, apartment dwellings, or other housing facilities which shall be occupied primarily by students."
Section 2. Said chapter is further amended by adding a new paragraph at the end of Code Section 36-41-3, relating to definitions regarding certain urban residential finance authorities, to be designated paragraph (20), to read as follows:
"(20) 'Student' means any individual who possesses a certificate of admission or enrollment at an institution for higher education that is a qualified housing sponsor."
Section 3. Said chapter is further amended by striking Code Section 36-41-4, relat ing to the creation of urban residential finance authorities, and inserting in its place a new Code Section 36-41-4 to read as follows:
"36-41-4. There is created in and for each municipality of this state, as defined in paragraph (11) of Code Section 36-41-3, a public body corporate, which shall be deemed to be an instrumentality of the state, to be known as the 'urban residential finance authority' of such municipality and which shall be governed by a board of not less than five seven nor more than seven nine members. Each member of the board shall be a resident of the large municipality activating the authority and shall fee . No more than two members of the board may be appointed by the mayor of the large municipality activating the authority with the remaining members appointed by the governing body of the municipality for such term and upon such conditions as specified by resolution of the governing body. Any member of the governing body of the large municipalityj and the mayor or other chief executive thereof^ and the chief fiscal officer thereof may serve on the board. The provisions of Chapter 62A of this title relating to ethics and conflicts of interest shall apply to members of the board of each authority created under this Code section. No authority created under this Code section shall transact any business or exercise any powers under this chapter until the governing body of the large munici pality activating the authority, by resolution, declares that there is need for an authority to function in such municipality. A copy of the resolution adopted by the governing body and copies of any resolution adopted by the governing body providing for filling vacancies in the membership of the board of the authority or making any changes in the membership of the board of the authority shall be filed with the Secretary of State. Appointments to fill vacancies on the board of any authority, either for an unexpired or full term as fixed in the original resolution creating the same, shall be made by the governing body of the municipality. The members of the board of each authority shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary-treasurer, who need not be a member of the board and need not be a resident of the municipality activating such authority. Each member of the board of each authority shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is in attendance at a meet ing of the authority, but shall receive the same for not more than 20 meeting days during any one fiscal year. For attendance at any conference in connection with the per formance of their official duties, other than a meeting of the authority, members shall be reimbursed for actual expenses incurred and travel expenses in the same manner as provided by law for members of the General Assembly but shall receive the same for not more than ten days during any one fiscal year. However, if the secretary-treasurer is not a member of the board, then the secretary-treasurer may receive such compen sation for his services as may be agreed upon by the members of the board. Each authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper."
Section 4. Said chapter is further amended by deleting "and" at the end of subparagraph (a)(13)(E), by adding "and" following the semicolon at the end of

WEDNESDAY, FEBRUARY 17, 1988

1159

subparagraph (a)(13)(F), and by adding a new subparagraph immediately following subparagraph (a)(13)(F) of Code Section 36-41-5, relating to powers of urban residential finance authorities generally, to be designated subparagraph (G), to read as follows:
"(G) Any and all other obligations of investment grade and having a national recog nized market including, but not limited to, rate guarantee agreements, guaranteed investment contracts, or other similar arrangement offered by any firm, agency, business, governmental unit, bank, insurance company, or other entity, provided that each such obligation shall permit moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys;"
Section 5. Said chapter is further amended by deleting "and" at the end of para graph (20) of subsection (a), by striking the period at the end of paragraph (21) of subsec tion (a) and inserting in its place "; and", and by adding two new paragraphs at the end of subsection (a) of Code Section 36-41-5, relating to powers of urban residential finance authorities generally, to be designated paragraphs (22) and (23), respectively, to read as follows:
"(22) To participate, own, lease, develop, operate, or manage residential housing or other real and personal property in cooperation, joint venture, partnership, or other con tractual obligations with the federal government, state, or any county or municipality within the state, or any qualified housing sponsor; and
(23) To participate in, issue on behalf of, or jointly issue any bonds, notes, or other obligations with any public housing authority, downtown development authority, or development authority within the state or the Georgia Residential Finance Authority."
Section 6. Said chapter is further amended by striking Code Section 36-41-13, relating to certain annual audits, and inserting in its place a new Code Section 36-41-13 to read as follows:
"36-41-13. Each authority and each trustee acting on behalf of an authority shall submit to an annual independent audit performed by a qualified firm selected by the
of trie iftp^c muiiicipftlity flctivstin the sutriority rnsin osrs or sucn authority. Payment for this audit shall be paid from any funds held by the trustee for the authority."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick

Y Branch
Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark,B Y Clark.H
Clark,L Y Colbert
Coleman Colwell Y Connell Y Couch

YCox Crawford Crosby
Y Cummings.B Cummings,M
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
Y Hamilton Hanner
Y Harris
Y Hasty 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 McCoy
McDonald Y McKelvey

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JOURNAL OF THE HOUSE,

Y McKinney Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrrock Y Padgett Y Pannell

YParham Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman
Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom

YRay Y Reaves Y Redding Y Richardson Y Ricketson 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
Steinberg Y Stephens Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplett
Twiggs Y Waddle

Y Waldrep
Y Walker.C
Y Walker.L Y Wail Y Ware Y Watson
Y Watts White
Y Wilder Williams.B
Y Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1502.

By Representative McKinney of the 35th:
A bill to amend Code Section 36-42-8 of the Official Code of Georgia Anno tated, relating to the powers of downtown development authorities generally, so as to authorize the making and execution of certain additional contracts, agreements, and other instruments.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y Athon
Atkins Y Bailey
Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Y Birdsong
Y Bishop
Y Bostick Y Branch Y Brooks
Y Brown
YBuck Y Buford
YByrd
Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childere Y Clark.B Y Clark,H
Clark.L Y Colbert

Y Coleman Colwell
Y Connell
Y Couch Cox Crawford Crosby
Y Cummings,B Cummings.M
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 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
YLane,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 McCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Milford
Y Mobley Y Moody
Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
Par ham 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 Ray
Y Reaves Redding
Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 150, nays 0.

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 Tolbert Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

WEDNESDAY, FEBRUARY 17, 1988

1161

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Institutions and Property and referred to the Committee on Edu cation:

SB 595. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to authorize compensatory salary adjustments to those former educators of a local board of education who transferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education.

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 1364. By Representatives Walker of the 85th and Brown of the 88th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Anno tated, known as the "Amusement Ride Safety Act," so as to change the provisions relating to liability insurance.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," so as to change the provisions relating to liability insurance; to change certain provisions relating to qualifications of insurers and sureties under this Act; to exempt moonwalks and live rides from the provisions of said Act; to provide for the temporary cessation of amusement rides; to provide procedures; to provide for certain civil actions; to delete certain provisions relating to civil penalties; to prohibit certain activities by owners or operators of amusement rides; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the "Amusement Ride Safety Act," is amended by striking in its entirety subsection (b) of Code Section 34-12-14, relating to liability insurance, bond, cash, or security coverage, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Regulations under this chapter shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be pro cured from one or more insurers or sureties acceptable to the department and licensed to transact business in this state."
Section 2. Said chapter is further amended by striking in its entirety Code Section 34-12-16, relating to applicability of chapter, and inserting in lieu thereof a new Code Section 34-12-16 to read as follows:
"34-12-16. This chapter shall not apply to any single-passenger coin operated amuse ment ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, and rider propelled merry-go-roundSj moonwalks, and live rides."
Section 3. Said chapter is further amended by striking in its entirety Code Section 34-12-18, relating to civil liability for violations, which reads as follows:

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JOURNAL OF THE HOUSE,

"34-12-18. Any owner of an amusement ride which is operated, except for purposes of testing or inspection, without having obtained a permit from the department or any person who violates any order, standard, or regulation adopted pursuant to this chapter may be subject to a civil fine of up to $1,000.00. An owner of an amusement ride shall not be subject to a civil fine for operation prior to obtaining the required permit if he exercised reasonable diligence to prevent such operation.", and inserting in lieu thereof a new Code Section 34-12-18 to read as follows:
"34-12-18. (a) The Commissioner or his authorized representative may issue a writ ten order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his authorized representative.
(b) In the event that an owner or operator knowingly allows the operation of an amusement ride after the issuing of a temporary cessation, the Commissioner or his authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for
the purpose of enforcing this chapter. (c) Any person violating the provisions of this chapter shall be guilty of a mis
demeanor. Each day of violation shall constitute a separate offense."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M Y Aiken Y Alford
Alien 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
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch
YCox Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn
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 Manner
Y Harris Y Hasty 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 Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Patten
Y Peters Pettit
Y Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson 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
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Wilson
Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.

WEDNESDAY, FEBRUARY 17, 1988

1163

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 House was again taken up for consideration:

HB 1513.

By Representatives Greer of the 39th, Aiken of the 21st, Lane of the 27th and McKinney of the 35th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change which entities may enter into rapid transit contracts; to provide for transportation services contracts between the Authority and political subdivisions of the state and other entities and pro vide for conditions and procedures relating thereto.

An amendment offered by Representative Pittman of the 60th was read and with drawn.

The following amendments were read and adopted:

Representative Isakson of the 21st moves to amend HB 1513 by striking the quotation mark at the end of line 7 of page 4 and by adding between lines 7 and 8 of page 4 the following:
"(c) Nothing in this Section or in paragraph (2) of subsection (b) of Section 25 of this Act shall authorize the Authority to provide any public transportation service or facility to any county, municipality, special tax or community improvement district, or other political subdivision which, on January 1, 1988, is not a party to the Rapid Transit Contract and Assistance Agreement specified in subsection (k) of Section 25 of this Act unless that service or facility is provided pursuant to a contract approved by the gov erning authority of that political subdivision for which the service or facility is to be provided or pursuant to a contract approved in a referendum by a majority of the quali fied electors voting in the political subdivision for which the service or facility is to be provided. For purposes of this Section, when any public transportation service or facility is to be provided by the Authority to any special tax or community improvement dis trict, the county or municipality for which that district was created shall be the political subdivision whose governing authority or electors shall be required to approve the con tract for such service or facility.'"

Representative Lawler of the 20th moves to amend HB 1513 by adding on line 18 of page 3 after the word "by" the following:
"one or more of the following".
By adding on line 10 of page 5 after the word "by" the following:
"one or more of the following".
By striking line 29 of page 6 and inserting in lieu thereof the following:
"pursuant to paragraph (1) of this subsection.
(0) No contract shall be entered into bjr a local government pursuant to this para graph unless and until the same has been approved in a referendum held in the political subdivision, which referendum shall be held in conjunction with and at the same time as a state-wide general election and which was called not less than 120 days prior to such referendum election.'".

1164

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Thompson of the 20th moves to amend HB 1513 by adding on Page 6, a new Section 4
"Nothing in this Act shall be construed to authorize a transit system to be sold or leased to another system or authority without the approval of the voters of the affected political subdivision in a referendum held for that purpose.".
By deleting on Line 30, Page 6, the word "Section 4" and renumbering the same "Section 5.".

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend the Thompson amendment to HB 1513 as follows:
After the word "system", insert "owned by Cobb County".
Delete the words "another system or authority" and insert "M.A.R.T.A.".
After the word "of insert "Cobb County", and delete the words "the affected political subdivision".

On the adoption of the Thompson amendment, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Y Adams.M Y Aiken N Alford
Alien
Y Athon Y Atkins Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Brooks Y Brown YBuck
Y Buford YByrd
Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers N Clark.B Y Clark.H Y Clark,L
Y Colbert

Y Coleman Y Colwell Y Connell Y Couch
YCox Crawford Crosby
Y Cummings.B Y Cummings.M N Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover N 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
Hasty 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 Y Linder
YLong YLord
N Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney
Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C
Oliver.M
N Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves N Redding N Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson N Sinkfield

Y Sizemore Y Smith.L
Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil N Stanley N Steinberg
Stephens Y Thomas.C N Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
N Williams,J Y Wilson Y Wood N Workman Y Yeargin
Murphy,Spkr

On the adoption of the amendment, as amended, the ayes were 144, nays 15. The amendment, as amended, was adopted.

WEDNESDAY, FEBRUARY 17, 1988

1165

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
Alien Y Athon
N Atkins Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett.B N Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
N Clark.B N Clark.H Y ClarkJL Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
N Cummings.M Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover NDunn Y Edwards Y Felton Y Floyd
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 Heard
N 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 Under YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
Y McKinney Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore N Morton

Y Mostiler
Moultrie Y Mueller Y Oliver.C
Y Oliver.M N 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 Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y 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
Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L N Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B N Williams,J
N Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 151, nays 16.
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 1221. By Representative Aaron of the 56th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definition of the offense of pandering; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 16 years shall be guilty of a felony.

The following Senate 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 definition of the offense of pandering; to provide

1166

JOURNAL OF THE HOUSE,

that a person convicted of the offense of pandering when such offense involves the solicita tion of a person under the age of 17 years shall be guilty of a felony; to change the defini tion of the offense of solicitation of sodomy; to provide that a person convicted of the offense of solicitation of sodomy when such offense involves the solicitation of a person under the age of 17 years shall be guilty of a felony; to provide penalties; to repeal con flicting 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 in its entirety Code Section 16-6-12, relating to the crime of pandering, and inserting in lieu thereof a new Code Section 16-6-12 to read as follows:
"16-6-12. A person commits the offense of pandering when he or she solicits a female person to perform an act of prostitution or when he or she knowingly assembles fcmalca persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution."
Section 2. Said chapter is further amended by striking in its entirety Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, and inserting in lieu thereof a new Code Section 16-6-13 to read as follows:
"16-6-13. (a) Except as otherwise provided in subsection (b) of this Code section, a A person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.
(b) A person convicted of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred or with held."
Section 3. Said chapter is further amended by striking in its entirety Code Section 16-6-15, relating to solicitation of sodomy, and inserting in lieu thereof a new Code Section 16-6-15 to read as follows:
"16-6-15. (a) A person commits the offense of solicitation of sodomy when he solic its another to perform or submit to an act of sodomy. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy and; upon convictien thereof, shall be punished as for a misdemeanor.
(b) A person convicted of solicitation of sodomy when such offense involves the solic itation of a person under the age of 17 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Aaron of the 56th moved that the House agree to the Senate substitute to HB 1221.
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

WEDNESDAY, FEBRUARY 17, 1988

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless
Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M
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
Hasty 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 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 McCoy Y McDonald Y McKelvey
Y McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
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 Randall
Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson
Royal Selman
Y Shepard Sherrod
Y Simpson Sinkfield
Y Sizemore Y Smith.L Y Smith.P

On the motion, the ayes were 158, nays 0. The motion prevailed.

1167
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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

The following Resolution of the House was read and adopted:

HR 824. By Representative Murphy of the 18th: A resolution commending the Service Corps of Retired Executives.

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 254 Do Pass, by Substitute HB 816 Do Pass, by Substitute HR 783 Do Pass, as Amended

SB 98 Do Pass, by Substitute SB 577 Do Pass SR 272 Do Pass

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

1168

JOURNAL OF THE HOUSE,

Your Committee on Insurance 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 1515 Do Not Pass HB 1489 Do Pass HB 1747 Do Pass

HB 1748 Do Pass SB 540 Do Pass, by Substitute HB 1641 Do Pass

Respectfully submitted, /s/ Ware of the 77th
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 House and has instructed me to report the same back to the House with the following recommendations:

HB 669 Do Pass, by Substitute HB 670 Do Pass, by Substitute HB 1311 Do Pass HB 1517 Do Pass

HB 1612 Do Pass HB 1731 Do Pass HB 1732 Do Pass

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 House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1729 Do Pass HB 1393 Do Pass HB 1385 Do Pass

HB 1629 Do Pass HB 1660 Do Pass, by Substitute

Respectfully submitted, /s/ Jackson of the 9th
Chairman

Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1213 Do Pass

WEDNESDAY, FEBRUARY 17, 1988

1169

Respectfully submitted, Is/ Johnson of the 72nd
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 announced the House adjourned until 10:00 o'clock, tomorrow morning.

1170

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 18, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams.G Adams.M Aiken Alford Alien
Athon Atkins Bailey
Bannister
Bargeron
Barnett.B
Barnett.M
Beck
Benn
Bishop
Bostick Branch Brooks Brown Buck Buford Byid Carrell Carter Chambless Chance Cheeks Childers Clark,B Clark.H Claik.L Colbert
Coleman

Colwell Connell Couch Cox
Crawford
Crosby Cummings.B Cummings,M Davis.G Davis.M Dixon Dover Edwards Felton Floyd Foster Galer Godbee Good win Greene
Greer
Gresham
Griffin
Groover
Hamilton
Manner
Harris
Hasty
Heard
Hensley
Herbert
Holcomb

Holmes Hooks Hudson Isakson Jackson,J Jackson.W Jamieson Johnson.D Johnson.R Kilgore Kingston Lane.D Lane.R Langford Lawler Lawrence Lawson Lee Linder Long
Lord
Lupton
Mangum
Martin
McCoy
McKelvey
McKinney
Meadows
Milam
Milford
Mobley
Moody

Moore Morton
Mostiler Moultrie Mueller Oliver.C Oliver.M
Orrock Padgett Pannell
Par ham
Parrish Patten
Peters Pettit Phillips
Pinkston
Pittman Porter Powell
Prichard Rainey Ramsey.T Ramsey.V
Ransom Ray Reaves Richardson Royal Selman
Shepard Sherrod

Simpson Sinkfield Sizemore Smith.L Smith.P Smith.W Smyre Snow Stancil Stanley Steinberg Stephens Thomas.M
Thompson Thurmond Tolbert Townsend Triplett Twiggs Waddle
Waldrep
Walker.C
Walker.L
Wall
Watson
Watts
Wilder
Williams.B
Wilson
Wood
Workman
Yeargin

Prayer was offered by the Reverend Len B. Turner, Pastor, Calvary Baptist Church, Savannah, Georgia.

Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

THURSDAY, FEBRUARY 18, 1988

1171

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 1773. By Representative Colbert of the 23rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a biological father shall have the right to establish a family relationship with his child when the mother and father of such child are not husband and wife.
Referred to the Committee on Judiciary.

HB 1774. By Representative Parham of the 105th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to authorize the salary adjustments for certain former teachers of a local board of education who transferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of edu cation.
Referred to the Committee on Retirement.

HB 1775. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1776. By Representative McKinney of the 35th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, so as to repeal the provisions relating to the authority of counties of this state having a popu lation of more than 550,000 to appropriate money for the purpose of making grants or contributions to any corporation, association, institution, or indi vidual for purely charitable purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1777. By Representative McKinney of the 35th:
A bill to amend Code Section 36-1-19 of the Official Code of Georgia Anno tated, relating to appropriation of money for charitable grants or contribu tions in certain counties, so as to provide that such Code section shall be applicable in all counties of this state; to repeal provisions relating to popu lation; to limit the amount which may be appropriated annually for such purposes.
Referred to the Committee on State Planning & Community Affairs.

1172

JOURNAL OF THE HOUSE,

HB 1778. By Representatives Thompson of the 20th, Hensley of the 20th, Clark of the 20th, Gresham of the 21st, Wilder 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 compensation of the mayor, the councilmen, and the mayor pro tern.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1780. By Representatives Lupton of the 25th, Townsend of the 24th, Martin of the 26th, Colbert of the 23rd, Lane of the 27th and others:
A bill to amend an Act creating a county-wide library system in Fulton County, so as to reconstitute the membership of the library board of trustees.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1781. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract, so as to provide that persons, firms, or cor porations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.
Referred to the Committee on Transportation.

HB 1783. By Representative Moore of the 139th:
A bill to provide a $10,000.00 homestead exemption from City of Douglas ad valorem taxes for residents of that city who are age 65 years or over and who have adjusted gross income not exceeding $10,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1784. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating the Gainesville Area Park Commission, so as to change the name of the commission; to increase the membership of the commission; to provide for the identity of the membership of the commis sion.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Anno tated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.
Referred to the Committee on Ways & Means.

HB 1786. By Representative Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that no person who is appointed to serve as a county chief deputy registrar or deputy registrar shall be required to be a resident of the county in which he is appointed to serve; to provide that no person who is appointed to serve as a municipal deputy registrar shall be required to be a resident of the municipality or county in which he is appointed to serve.
Referred to the Committee on Governmental Affairs.

THURSDAY, FEBRUARY 18, 1988

1173

HB 1787. By Representative Sinkfield of the 37th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to change certain requirements for urban enterprise zones for residential purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1788. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relative to voting and quorum requirements of the city council; to change provisions relative to the election of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1789. By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1790. By Representatives Bannister of the 62nd, Barnett of the 59th and Goodwin of the 63rd:
A bill to amend Code Section 3-3-23 of the Official Code of Georgia Anno tated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide that the "proper iden tification" shall not include any traffic citation and complaint form.
Referred to the Committee on Judiciary.

HB 1791. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to amend an Act creating a board of commissioners for Columbia County, so as to change the salary provisions relating to the chairman and other members of the board of commissioners; to provide for an allowance for members of the board to enable such members to carry out their duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1792. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to provide for a homestead exemption from all Columbia County ad valorem taxes, including taxes to retire bonded indebtedness and including taxes levied for educational purposes, of $8,000.00 for residents of said county who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1793. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, so as to change the compensation of the tax commissioner of Columbia County.
Referred to the Committee on State Planning & Community Affairs - Local.

1174

JOURNAL OF THE HOUSE,

HB 1794. By Representatives Johnson of the 123rd, Holcomb of the 72nd, Long of the 142nd, Watts of the 41st and Dover of the llth:
A bill to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons.
Referred to the Committee on Natural Resources & Environment.

HB 1795. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Pittman of the 60th, Mobley of the 64th and others:
A bill to abolish the office of coroner of Gwinnett County and establish in its place the office of medical examiner of Gwinnett County; to provide for the qualifications, appointment, service, compensation, expenses, functions, powers, rights, and duties of that medical examiner and the office thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1796. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairman and other mem bers of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1797. By Representatives Birdsong of the 104th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Pinkston of the 100th and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to sheriffs, so as to create the honorary office of sheriff emeritus.
Referred to the Committee on Rules.

HB 1798. By Representatives Tolbert of the 58th, Davis of the 45th, Linder of the 44th, Richardson of the 52nd, Lawrence of the 49th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, municipalities, and other political subdivisions, so as to require independent appraisals as a necessary condition for the purchase of real property by political subdivisions and certain public authorities.
Referred to the Committee on Ways & Means.

HR 823. By Representatives Greene of the 130th, Dover of the llth, Sinkfield of the 37th, Dobbs of the 74th, Byrd of the 153rd and others:
A resolution creating the House Chattahoochee Valley Indian Heritage Study Committee.
Referred to the Committee on Rules.

HR 829. By Representatives Simpson of the 70th, Thomas of the 69th and Meadows of the 91st:
A resolution creating the House School System Size Study Committee.
Referred to the Committee on Rules.

THURSDAY, FEBRUARY 18, 1988

1175

HR 831. By Representatives Snow of the 1st, McCoy of the 1st, Colwell of the 4th, Peters of the 2nd, Crawford of the 5th and others:
A resolution designating the Forest Hays, Jr., Memorial Highway.
Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1749 HB 1750 HB 1751 HB 1752 HB 1753 HB 1754 HB 1755 HB 1756 HB 1757 HB 1758 HB 1759 HB 1760 HB 1761 HB 1762 HB 1763 HB 1764 HB 1766

HB 1767 HB 1771 HB 1772 HB 1779 HB 1782 HR 815 SB 87 SB 510 SB 511 SB 531 SB 532 SB 578 SB 586 SB 599 SB 617 SB 624 SB 639

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1363 Do Pass, by Substitute HB 1610 Do Pass, as Amended
Respectfully submitted, Is/ Clark of the 55th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1605 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman

1176

JOURNAL OF THE HOUSE,

Representative Twiggs of the 4th 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:
HB 1700 Do Pass SB 562 Do Pass HB 1743 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 4th
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 745 Do Pass HR 759 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 has instructed me to report the same back to the House with the following recommendations:

HB 1737 Do Pass HB 1739 Do Pass HB 1741 Do Pass

HB 1742 Do Pass HB 1745 Do Pass HB 1746 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 18, 1988

1177

HR 794 Do Pass HR 800 Do Pass HB 1769 Do Pass

HB 1768 Do Pass HB 1678 Do Pass
Respectfully submitted, /s/ Triplett of the 128th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 18, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 28th Legislative Day as enumerated below:
HB 254 Health Care Data System: Provide HB 430 Housing: Revise Discrimination Provisions HB 1213 Peace Officers: Retirement: Medical Exams HB 1322 Alcoholic Bev. Sales: Age Verification HB 1333 Atlanta: Traffic Court: Amend Provisions HB 1339 State Housing Trust Fund: Create HB 1385 Abandoned Motor Vehicles: Unattended Vehicle Checks HB 1415 Public Revenue Code: Revise HB 1618 Contracts: W/State Agencies: Cert. Exemp.: Nonprofit Contractor HB 1641 Insurance: Provide for Collision Damage Waivers HB 1694 Deer: Number Killed in a Season: Nat. Res. Make Annual Report HB 1747 Insurers: Assets: Consideration of Good Will HB 1748 Long-Term Care Insurance Policies: Regulation
HR 783 Romeo Diprima Cntr.: M. Knight Prevoc Ctr., E. Hale Ctr. Designate
SB 430 Criminal Justice Coord. Council: Add Member SB 440 Grain Dealers: Cert. Documents: Investigations SB 471 Death Penalty: Persons Present at Execution: Amend Provisions SB 492 Trial Without Jury: Consent of Both Parties SB 536 Elec. Membership Corporations: Directors' Duties: Liability
SR 296 Mitchell, Margaret: Apartment House Home: Preservation
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time:

HB 1737.

By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Dalton, so as to provide the authority to the governing body of such City to grant a permanent easement for the use of a certain specified air space as a pedes trian bridge by the Dalton-Whitfield County Hospital Authority, owner, and Hamilton Medical Center, Inc. d/b/a Hamilton Medical Center, lessee.

1178

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 1739.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1741.

By Representative Waldrep of the 80th:
A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the election of city council members from dis tricts by the residents of such districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1742.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide that vehicles shall be registered and licensed to operate in Bartow County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1745.

By Representatives Groover of the 99th, Buford of the 103rd, Lucas of the 102nd and Pinkston of the 100th:
A bill to repeal an Act relating to procedures for recall of members of the board of commissioners of Bibb County, to provide for related matters.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 18, 1988

1179

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 1746. By Representative Ray of the 98th:
A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Balkcom Y Bannister
Y Bargeron Bainett,B
Y Barnett.M YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.G
Davis,M Y Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Galer Y Godbee YGoodwin Green Y Greene Y Greer
Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty 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
Lawler Y Lawrence
Lawson Lee Y Linder YLong YLord Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows YMilam
Y Milford Y Mobley Y Moody Y Moore
Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C
Oliver.M
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
Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Robinson Y Royal Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield

oizemore 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
Thurmond
Y Tolbert 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 Williams.B Williams ,J
Y Wilson Y Wood Y Workman
Y Yeargin
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 substitute, by the requisite constitutional majority the following Bill of the House:

1180

JOURNAL OF THE HOUSE,

HB 1555. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale County.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 643. By Senator McGill of the 24th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, as amended, so as to change the salary of the coroner; to provide an effective date.

HB 1651. By Representative Stancil of the 66th:
A bill to amend an Act providing changes in the Magistrate Court of Morgan County, so as to increase the amount collected as law library fees in the magistrate court.

HB 1672. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.

HB 1676. By Representative Oliver of the 121st:
A bill to amend an Act providing for the election of the Board of Education of Long County, so as to provide for the election of members from singlemember education districts.

HB 1680. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the members of the board of commissioners other than the chairman.

HB 1684. By Representatives Adams of the 79th and Mostiler of the 75th:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Pike County School District who is 62 years of age or over and who does not have an income from all sources exceeding $10,000.00 per annum shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.

HB 1695. By Representative Carter of the 146th:
A bill to provide that the homestead of each resident of the Berrien County School District who is 62 years of age or older and who has less than $12,000 per year of specified income shall be exempt from Berrien County School District ad valorem taxation, including taxes levied to retire bonded indebtedness of the school district, in the amount of $15,000 of the assessed value of the homestead.

THURSDAY, FEBRUARY 18, 1988

1181

HB 1602.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County; to provide for the term, filling of vacancies, and compensation for the office of chief magistrate.

SB 513. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide that hearing impaired persons shall have the right to serve as jurors; to provide that hearing impaired persons selected to serve as jurors shall be provided with qualified interpreters and intermediary interpreters, if necessary.

SB 537. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Anno tated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for let ting contracts related to projects financed with bond proceeds in counties of this state having a population of not less than 250,000 nor more than 400,000.

SB 611. By Senator Baldwin of the 29th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities.

SB 618. By Senators Olmstead of the 26th, Kidd of the 25th, Harris of the 27th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for cer tain prompt payment methods.

SB 629. By Senators Barnes of the 33rd and Garner of the 30th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority; to provide for the repeal of this Act.

SB 630. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties and municipal cor porations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circum stances.

1182

JOURNAL OF THE HOUSE,

HB 480. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th, Lord of the 107th, Thompson of the 20th and others:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, so as to authorize postretirement benefit adjustments.

HB 482. By Representatives Johnson of the 72nd, Watts of the 41st, Godbee of the 110th, Dover of the llth, Thompson of the 20th and others:
A bill to amend Code Section 47-4-101 of the Official Code of Georgia Anno tated, relating to retirement benefits under the Public School Employees Retirement System, so as to change the provisions relating to the amount of retirement benefit.

HB 1351. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-70 of the Official Code of Georgia Anno tated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connec tion therewith.

HB 1442. By Representatives Rainey of the 135th, Hooks of the 116th, Walker of the 115th, Bostick of the 138th, Carter of the 146th and others:
A bill to amend Code Section 36-43-3 of the Official Code of Georgia Anno tated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality.

HB 1512. By Representative Lane of the 27th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Anno tated, relating to definitions relating to the Joint Municipal Employees Bene fit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offer retirement and employee benefits to employees of the authority; to change the definition of the term "employer".

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" systems directly from subscribers of telephone service.

HB 1279.

By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd, Dover of the llth, Sizemore of the 136th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.

THURSDAY, FEBRUARY 18, 1988

1183

HB 1465.

By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation and appointment of county boards of equaliza tion, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.

HB 1491. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the discharge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.

HB 1493. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
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 provide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds retained by the insurance fund that issued the check or draft.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:

SR 245. By Senator Fincher of the 54th: A resolution designating the Hill Wilbanks Memorial Bridge.

HR 579. By Representatives Jamieson of the llth and Dover of the llth: A resolution authorizing the lease of a certain tract of state owned property.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 513. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide that hearing impaired persons shall have the right to serve as jurors; to provide that hearing impaired persons selected to serve as jurors shall be provided with qualified interpreters and intermediary interpreters, if necessary.
Referred to the Committee on Judiciary.

SB 537. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Anno tated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for let ting contracts related to projects financed with bond proceeds in counties of this state having a population of not less than 250,000 nor more than 400,000.
Referred to the Committee on Judiciary.

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SB 611. By Senator Baldwin of the 29th:
A bill to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities.
Referred to the Committee on Ways & Means.

SB 618. By Senators Olmstead of the 26th, Kidd of the 25th, Harris of the 27th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for cer tain prompt payment methods.
Referred to the Committee on State Planning & Community Affairs.

SB 629. By Senators Barnes of the 33rd and Garner of the 30th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority; to provide for the repeal of this Act.
Referred to the Committee on Judiciary.

SB 630. By Senators Barnes of the 33rd and Hudgins of the 15th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties and municipal cor porations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circum stances.
Referred to the Committee on Public Safety.

SB 643. By Senator McGill of the 24th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, as amended, so as to change the salary of the coroner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 245. By Senator Fincher of the 54th: A resolution designating the Hill Wilbanks Memorial Bridge.
Referred to the Committee on Transportation.

The following Resolutions of the House were read and referred to the Committee on Rules:

THURSDAY, FEBRUARY 18, 1988

1185

HR 830. By Representatives Hasty of the 8th, Walker of the 115th, Reaves of the 147th, Stephens of the 68th, Thurmond of the 67th and others:
A resolution honoring Dr. Tal C. Duvall and inviting him to appear before the House of Representatives.

HR 832. By Representatives Foster of the 6th, Griffin of the 6th, Ramsey of the 3rd and Twiggs of the 4th:
A resolution inviting Trooper First Class Mickey Little of the Georgia State Patrol to appear before the House of Repesentatives.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HR 696. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Groover of the 99th, Hanner of the 131st and others:
A resolution naming the "George T. Bagby State Park".

The following Senate substitute was read:

A RESOLUTION
Naming the "George T. Bagby State Park"; and for other purposes.
WHEREAS, the Honorable George T. Bagby was born on October 26, 1920, in Dallas, Georgia, was graduated from Dallas High School, attended West Georgia College, and was graduated with a LL.B. degree from John Marshall Law School; and
WHEREAS, he served as Director of the Georgia Bureau of Investigation during 1947; and
WHEREAS, he served with distinction, dedication, and ability as a member of the House of Representatives, representing Paulding County, in 1947 and 1948, from 1955 through 1960, and from 1962 through 1966; and
WHEREAS, the Honorable George T. Bagby served as sergeant at arms of the Senate of the State of Georgia during 1961; and
WHEREAS, he served in the following offices: Director of the State Game and Fish Commission, February 9, 1967 to January 13, 1971; Director of the State Parks Depart ment, January 13, 1971, to May 1, 1972; and Deputy Commissioner of the State Depart ment of Natural Resources, May 1, 1972, until his retirement from the Department of Natural Resources on December 31, 1975; and in all of these positions his outstanding talents and devotion to duty contributed greatly to the quality of life enjoyed by all Georgians; and
WHEREAS, his many important accomplishments during this service are far too numerous to set out in full here, but they included the defeat of an attempt to mine phosphates on the Georgia coast, the acquisition by the state of the Arrowhead Hatchery, the preservation of the natural state of the Alcovy River, and the acquisition by the state of Sapelo Island as a wildlife refuge; and
WHEREAS, upon his retirement from state service he returned to his home in Dallas, Georgia, where he currently practices law as well as serving as judge of the municipal courts of the Cities of Dallas and Hiram; and
WHEREAS, he is widely known throughout the State of Georgia for the many signifi cant contributions which he has made in providing the citizens of Georgia with outstand ing recreational and fishing and hunting opportunities; and

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WHEREAS, the Honorable George T. Bagby served as a member of the U.S. Dele gation to the Bahama Fisheries Negotiations in 1970, was named "Georgian of the Year" in 1969 by the Georgia Association of Broadcasters, was elected "Water Conservationist of the Year" in 1970 by the Georgia Sportsman's Federation, and was selected by a national outdoor magazine, Outdoor Life, as winner of the publication's "1970 Conservation Award"; and
WHEREAS, the State of Georgia is currently developing a new state park on Lake Walter F. George in Clay County and said park should be appropriately named; and
WHEREAS, this facility will serve all citizens of this state by providing a setting for persons to gather, confer, and enjoy fellowship in the scenic, natural beauty of southwest Georgia; and
WHEREAS, the Honorable George T. Bagby has served all citizens of this state by his devoted service in the Georgia General Assembly, as Director of the Game and Fish Commission, as Director of State Parks, and as Deputy Commissioner of the Department of Natural Resources, and by his personal accomplishments as an outstanding conservationist.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new state park on Lake Walter F. George in Clay County shall be named and hereafter known as the "George T. Bagby State Park."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Honorable George T. Bagby and to the Board of Natural Resources.

Representative Colwell of the 4th moved that the House agree to the Senate substi tute to HR 696.
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
Atkins Y Bailey
Balkcom Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Brooks Brown
YBuck Y Buford YByrd
Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert

Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M
Davis.G 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 Greer
Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty 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
Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder Y Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody
Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman
Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Reaves
Y Redding Richardson Ricketson
Y Robinson 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 Snow Y Stancil Stanley Y Steinberg Stephens Thomas.C Thomas.M Y Thompson
Y Thurmond Y Tolbert
Townsend
Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

THURSDAY, FEBRUARY 18, 1988

1187

On the motion, the ayes were 135, nays 0. The motion prevailed.

HB 1441.

By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.

The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 1441 by inserting between lines 3 and 4 of page 1 the following:
"to provide for bag limits with respect to hunters using firearms; to provide for the hunting of antlerless deer;".
By striking from line 19 of page 1 the following:
"seasons and bag limits for such species:",
and inserting in its place the following:
"seasons and bag limits for such species; provided, however, that the bag limits for deer for hunters using firearms shall be four, of which two must be antlerless, and antlerless deer shall be harvested only on dates and in counties in which either-sex hunting is authorized or on wildlife management areas where authorized:".

Senate Amendment No. 2
Amend HB 1441 by inserting between lines 3 and 4 of page 1 the following:
"to provide for hunting by bow and arrow of antlerless or either-sex deer at any time during the open season on deer;",
and by inserting between lines 53 and 54 of page 2 the following:
"Section 2. Said Code section is further amended by adding a new subsection (g) to read as follows:
'(g) Notwithstanding any other provision of law to the contrary, antlerless or eithersex deer may be hunted by bow and arrow any time during the open season on deer provided for in this Code section.'"
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

Representative Rainey of the 135th moved that the House disagree to the Senate amendments to HB 1441.
The motion prevailed.

HB 1495.

By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drink ing age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.

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The following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions; to provide that under certain circumstances certain persons who own, lease, or occupy premises shall not be liable for the acts of certain intoxicated persons; to provide for legislative findings; to provide for related matters; 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 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, is amended by adding at the end thereof a new Code Section 51-1-40 to read as follows:
"51-1-40. (a) The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.
(b) A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other per sons; provided, however, a person who willfully, knowingly, and unlawfully sells, fur nishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxi cation, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is a contributing proximate cause of such injury or damage. Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.
(c) In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as pro vided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identifi cation as defined in subsection (d) of Code Section 3-3-23 showing that the person to whom the alcoholic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully.
(d) No person who owns, leases, or otherwise lawfully occupies a premises, except a premises licensed for the sale of alcoholic beverages, shall be liable to any person who consumes alcoholic beverages on the premises without the consent of the owner, lessee, or lawful occupant to the consumption of alcoholic beverages or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the prem ises, including damage to property, caused by the intoxication of the person who con sumed the alcoholic beverages."
Section 2. This Act shall apply only to causes of action which arise under Code Section 51-1-40 on or after the effective date of this Act and shall only apply to causes of action arising out of the use or operation of a motor vehicle.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

THURSDAY, FEBRUARY 18, 1988

1189

Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Chambless of the 133rd moved that the House disagree to the Senate substitute to HB 1495.
The motion prevailed.

HB 775. By Representative Ramsey of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of certain quantities of oil or hazardous material.

The following Senate substitute was read:

A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of oil or hazardous material; to define certain terms; to provide that other governmental agencies shall be notified of spills or releases of oil or hazardous materials; to provide for proceed ings before the director of the Environmental Protection Division of the Department of Natural Resources; to provide for enforcement; to provide civil penalties; to provide proce dures for imposing penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conser vation and natural resources, is amended by adding at the end thereof a new Chapter 13 to read as follows:
"CHAPTER 13
12-13-1. As used in this chapter, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Director' means the director of the Environmental Protection Division of the
Department of Natural Resources. (3) 'Division' means the Environmental Protection Division of the Department of
Natural Resources. (4) 'Hazardous material' means any material or substance in a liquid, solid, or
gaseous form which is: (A) Toxic or poisonous to human, plant, or animal life; (B) Caustic or acidic; (C) Flammable or combustible; (D) Explosive or reactive; or (E) Hazardous waste.
(5) 'Oil' includes but is not limited to gasoline, crude oil, fuel oil, diesel oil, lubri cating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product.
(6) 'Person' includes an individual, trust, firm, joint-stock company, corporation, partnership, association, county, municipal corporation, political subdivision, interstate body, the state and any agency or authority thereof, and the federal government and any agency thereof.
(7) 'Spill or release' means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, or placing of any hazardous material into the air or into or on any land or water of the state, except from an underground storage tank and all plumbing and piping relating thereto or except high-level or low-level radioactive waste from a federally licensed nuclear facility or as authorized by state or federal law or a permit from the division. This term shall also mean the discharge of oil into

1190

JOURNAL OF THE HOUSE,

waters of this state which will cause a significant film or sheen upon or discoloration of the surface of such waters or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such waters or upon adjoining shorelines. Acci dental discharges of oil made by an individual during maintenance of that individual's personal vehicle or farm machinery shall be exempt. 12-13-2. Oil or hazardous material spilled or released shall be reported under Code Section 12-13-3. The board is authorized to promulgate rules and regulations necessary for the enforcement of this chapter. 12-13-3. (a) Any person owning or having control over any oil or hazardous material who has knowledge of a spill or release shall immediately notify the division through the Department of Natural Resources Emergency Operations Center as soon as that person knows of the spill or release, (b) The division shall develop procedures to provide notice to other state, federal, or local governmental agencies. 12-13-4. (a) Any person knowingly violating any provision of this chapter or rules or regulations established pursuant to this chapter shall be liable for a civil penalty of not more than $1,000.00 per day. Each day during which the violation continues may be considered a separate violation. (b) Whenever the director has probable cause to believe that a violation of any provision of this chapter, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, he may attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, concil iation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the chapter, the rules and regulations, or the order alleged to have been violated and the director may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this subsection shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing which shall be conducted in accord ance with Code Section 12-2-2. (c) Whenever the director has probable cause to believe that any person has violated any provision of this chapter or any rules or regulations adopted pursuant to this chapter, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the board. Upon a finding that such person has violated any provi sions of this chapter or any rule or regulation adopted pursuant to this chapter, the hearing officer shall issue his initial decision imposing civil penalties as provided in sub section (a) of this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-2-2. (d) In rendering a decision under subsection (c) of this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of assessment necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delay ing compliance;
(2) The character and degree of impact of the violation on the natural resources of the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to correct the violation;
(4) Any prior violations by such person, or failures by such person to comply with, statutes or regulations;
(5) The character and degree of injury to, or interference with, public health, safety, or welfare which is caused or threatened to be caused by such violation; and
(6) The character and degree of injury to, or interference with, reasonable use of property which is caused by such violation. (e) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 18, 1988

1191

Representative Ramsey of the 3rd moved that the House agree to the Senate substi tute to HB 775.
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 Bannister Y Bargeron Y Barnett.B Barnett.M YBeck Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coieman Y Colwell Y Connell Y Couch
YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.G
Davis.M Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin
Groover
Y Hamilton Y Manner Y Harris Y Hasty
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
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 McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Mouitrie
Y Mueller Y Oliver.C
Oliver.M 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
Randall Y Ransom YRay
Reaves Redding Richardson
Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,? Smith.T
Y Smith, W Y Smyre
Y Snow Y Stancil
Stanley Y Steinberg
Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall Ware Y Watson Watts White Wilder Y Williams.B Williams,J Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the motion, the ayes were 133, nays 0. The motion prevailed.

Representative Bannister of the 62nd 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 303. By Representative Reaves of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties.

The following Senate substitute was read:

A BILL
To amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to a certain expense allowance and travel cost reimbursement in connection with the performance of their duties; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, is amended by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimburse ment provided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Reaves of the 147th moved that the House agree to the Senate substi tute to HB 303.
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 Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Brooks Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark,L
Y Colbert

Y Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford
Crosby Y Cummings,B Y Cumming8,M Y Davis.G
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
Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty 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 McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 145, nays 0. The motion prevailed.

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M
Y Orrock
Y Padgett Y Pannell YParham 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
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson 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
YSmyre YSnow Y Stancil
Stanley Y Steinberg
Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Williams.B Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy,Spkr

HB 435. By Representatives Walker of the 85th, Brown of the 88th, Padgett of the 86th, Harris of the 84th, Davis of the 45th and others:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit construction activity on property which contains an abandoned landfill.

The following Senate substitute was read:

THURSDAY, FEBRUARY 18, 1988

1193

A BILL
To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit certain construction activity; to provide for definitions; to require identification of all property on which a landfill is or has been located; to provide for legal descriptions of such property; to provide for recording of existence of a landfill on county records for such property; to provide for the Environmental Protection Division of the Department of Natural Resources to maintain certain records on landfills and to file these with the clerks of the superior courts of the counties within which they are located; to prohibit building where a landfill previously existed without a permit from the local governing authority; to provide for exceptions; to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to pro vide that all deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the dates the landfill was in operation, a legal description of the location of the landfill, and a description of the type of materials deposited in the landfill; to define the term "commercial landfill"; to provide that such notice shall apply only when the parties conveying the real property have knowledge of the landfill operations; to provide damages for willful violations; to pro vide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding a new Chapter 6 to read as follows:
"CHAPTER 6
8-6-1. This Act shall be known and may be cited as the 'Construction Activity Pro hibition on Abandoned Landfills Act of 1988.'
8-6-2. As used in this chapter, the term: (1) 'Construction activity' means to erect or build an enclosed building or structure
of any type, kind, or design. (2) 'Division' means the Environmental Protection Division of the Department of
Natural Resources. (3) 'Landfill' means any location operated as a commercial venture for profit or
operated by a county or municipality for the disposal of solid wastes or any location where a private owner accepts solid wastes for compensation from sources other than his own property for disposal.
(4) 'Solid waste' means putrescible and nonputrescible wastes, except water carried body waste, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, indus trial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article. 8-6-3. (a) The division shall maintain records on each landfill operated now or in the future in this state, which records shall include an accurate legal description of the boundaries of the landfill and the dates of its operation. (b) The division shall file notice of the existence of the landfill with the clerk of the superior court of the county or counties within which the landfill is located. 8-6-4. (a) No person shall construct any building or enclosed structure of any type, kind, or design on any real property on which a landfill on the public records has been located without first obtaining a permit for such construction from the local governing authority. (b) This Code section shall not apply to construction activity by public service cor porations or to the construction of roads, highways, or bridges."

1194

JOURNAL OF THE HOUSE,

Section 2. Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to conveyances, is amended by adding a new Code Section 44-5-48 at the end thereof to read as follows:
"44-5-48. (a) All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited in the landfill. As used in this Code section, 'commercial landfill' means an area where materials have been deposited for a fee.
(b) This Code section applies only to those parties who have knowledge of the landfill operations when conveying real property.
(c) Any seller of real property who willfully violates the provisions of this Code section shall be liable to the purchaser for treble damages for any losses sustained by the purchaser as a result of the sale."
Section 3. This Act shall become effective on July 1, 1988.
Section 4. 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 435.
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 Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Crosby
Y Cummings,B Y Cummings.M Y Davis.G
Davis,M Dixon Y Dobbs 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
Manner
Y Harris Y Hasty 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 McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody Y Moore YMorton

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M
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
Randall Y Ransom
Ray Heaves Y Redding Richardson Y Ricketson Y Robinson 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
Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond
Y Tolbert Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C
Walker.L Wall Ware Y Watson Y Watts White Wilder Y Williams.B Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy,Spkr

THURSDAY, FEBRUARY 18, 1988

1195

HB 1279. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd, Dover of the llth, Sizemore of the 136th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide a procedure for the review, correction, and equalization of county tax digests.

The following Senate amendment was read:

Amend HB 1279 by adding on line 18 of page 10, after the period and before the word "At", the following:
"The initial hearing shall be held in the county making the appeal." By striking on line 24 of page 10 the following words: "of a hearing", and inserting in their place the following: "for such hearings". By striking from line 29 of page 11 the following: "Superior Court of Fulton County.", and inserting in its place the following: "superior court of the county dissatisfied with the decision."

Representative Crosby of the 150th moved that the House agree to the Senate amend ment to HB 1279.
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 Birdsong Y Bishop Y Bostick Y Branch Y Brooks Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B

Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis,M
Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton
Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris Y Hasty 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
YLane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald

Y McKelvey McKinney
Y Meadows YMilam
Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M Y Orrock 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 YRamsey.T Y Ramsey.V
Randall Y Ransom

YRay Y Reaves
Y Redding Richardson
Y Ricketson Y Robinson
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
Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond
Y Tolbert Townsend
Y Triplett YTwiggs Y Waddle Y Waldrep

1196

JOURNAL OF THE HOUSE,

Walker.C
Walker.L Y Wall

Ware
Y Watson Y Watts

White
Wilder Y Williams,B

On the motion, the ayes were 150, nays 0. The motion prevailed.

Williams,J
Y Wilson Y Wood

Y Workman
Y Yeargin Murphy,Spkr

HB 1298.

By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Anno tated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a popu lation of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

The following Senate substitute was read:

A BILL
To amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the applica tion of this Code section counties having a population of fewer than 25,000 persons accord ing to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) This Code section shall not apply to the office of a clerk of a superior court located in any county of this state having a population of fewer than 60,000 persons according to the United States decennial census of 1980 or any future such census."
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 Crosby of the 150th moved that the House disagree to the Senate sub stitute to HB 1298.
The motion prevailed.

The Speaker Pro Tern assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 1241.

By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to pro vide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

THURSDAY, FEBRUARY 18, 1988

1197

Representative Twiggs of the 4th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1241 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 Hanner of the 131st, Ramsey of the 3rd and Twiggs of the 4th.

The following Bills of the House were taken up for considering the Senate amend ments or substitute thereto:

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" systems directly from subscribers of telephone service.

The following Senate amendment was read:

Amend HB 218 by adding in the title at the end of line 11 of page 1 the following:
"exceptions; to provide for".
By striking in Section 2 on line 4 of page 3 the word "The" and inserting in lieu thereof the following:
"Except as otherwise provided in subsection (e) of this Code section, the".
By striking the quotation marks from the end of line 7 on page 4.
By adding between lines 7 and 8 on page 4 the following:
"(e) The provisions of this Code section shall not apply in any case in which a tele phone company notifies the governing authority of a county that in view of the existing telephone equipment of the company the installation of an enhanced emergency tele phone number '911' system is not technologically feasible or cost effective.'"

Representative Alford of the 57th moved that the House disagree to the Senate amendment to HB 218.
The motion prevailed.

HB 1465.

By Representatives Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd and Johnson of the 72nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation and appointment of county boards of equaliza tion, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county.

The following Senate amendment was read:

1198

JOURNAL OF THE HOUSE,

Amend HB 1465 by striking on Page 2, lines 24 and 25 the words "from the current grand jury list of the county",
and
By striking on Page 2, lines 27 and 28 the words "from the current grand jury list of the county".

Representative Holcomb of the 72nd moved that the House agree to the Senate amendment to HB 1465.
On the motion, the roll call was ordered and the vote was as follows:

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 Bamett,B Y Barnett,M YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Chance
Y Cheeks Y Childers
Y Clark,B Clark,H
Y Clark,L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis,G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton
Y Floyd Foster
Y Galer
YGodbee Y Goodwin Y Green Y Greene
Greer Y Gresham
Griffin Groover Y Hamilton Y Banner
Y Harris Y Hasty
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 YLane,D Y Lane.R
Langtbrd Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley
Moody Y Moore YMorton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard YRainey
Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Robinson Y Royal YSelman Y Shepard
Y Sherrod Y Simpson
Y Sinkfield

Y Sizemore Y Smith,L
Y Smith.P Smith,T
Y Smith,W YSmyre YSnow
Stancil Y Stanley
Steinberg Stephens Y Thomas.C Y Thomas.M Y Thompson Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Walker.L YWall
Y Ware Y Watson Y Watts
White Wilder
Y Williams,B Williams,.]
Y Wilson YWood Y Workman Y Yeargin
Murphy,Spkr

On the motion, the ayes were 144, nays 0. The motion prevailed.

HB 1625.

By Representatives Thompson of the 20th, Wilson of the 20th, Hensley of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to create the Cobb County Commission on Children and Youth; to pro vide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds.

The following Senate substitute was read:
A BILL To create the Cobb County Commission on Children and Youth; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to authorize

THURSDAY, FEBRUARY 18, 1988

1199

the commission to receive and expend funds; to provide for all related matters; to provide for termination of the commission; to provide for an annual report; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows:
(1) Six members to be appointed by the Cobb County legislative delegation, three of whom shall reside in the 20th House legislative district and be appointed by mem bers of the delegation who represent such district and three of whom shall reside in the 21st House legislative district and be appointed by members of the delegation who represent such district;
(2) Four members to be appointed by the Cobb County legislative delegation, one each from Senate districts 32, 33, 37, and 56, who shall reside in such district and be appointed by the member of the delegation who represents such district;
(3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in East Cobb County and be appointed by members of the board who represent that portion of the county and three of whom shall reside in West Cobb County and be appointed by members of the board who represent that portion of the county; and
(4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court. Appointments to the Cobb County Commission on Children and Youth shall include at least one member from each of the following fields or professions:
(1) Law enforcement; (2) Child welfare; (3) Medical; (4) The judiciary; (5) Education; and (6) The business and civic community. (b) All appointments to the commission shall be made within 30 days after the effec tive date of this Act. All persons appointed to serve on the Cobb County Commission on Children and Youth shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment.
Section 2. The commission shall undertake a study of the needs, issues, and prob lems outlined in this resolution and any and all related matters. The commission may meet at such times and places as it deems necessary to perform its duties and accomplish the goals and purposes of this resolution. The members of the commission shall elect a chairman and such other officers as it deems necessary from its membership at the orga nizational meeting. The commission may adopt such rules or procedures as it finds neces sary or desirable for the governance of its operations. The members of the commission shall serve without compensation or reimbursement for expenses from public funds.
Section 3. The commission is authorized to receive, accept, and expend funds from public or private sources for programs to benefit the children and youth of Cobb County. The commission is authorized to expend such funds to employ a coordinator, who shall not be a member of the commission, for such programs. The salary of such coordinator shall be set by the commission.
Section 4. The commission shall make an annual report on July 1 of each year of its findings and recommendations to the members of the Cobb County legislative dele gation, the Board of Commissioners of Cobb County, and the judicial officers of Cobb County.
Section 5. The commission shall stand abolished on July 1, 1990.

1200

JOURNAL OP THE HOUSE,

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Thompson of the 20th moved that the House agree to the Senate sub stitute to HB 1625.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1213.

By Representative Buck of the 95th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Anno tated, relating to applications for membership in the Peace Officers' Annuity and Benefit Fund and medical examinations in connection therewith, so as to change the provisions relative to the date of medical examinations.

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 Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B
Clark.H Y Clark,L
Colbert

Y Coleman Colwell Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.G Y Davis,M
Y Dixon Dobbs
Y Dover
Dunn Edwards Y Felton Y Floyd Foster Y Galer Godbee
Y Goodwin Green
Y Greene Greer
Y Gresham Griffin Groover
Y Hamilton Y Manner Y Harris
Y Hasty 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 Y Lawson YLee Y Linder YLong YLord Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley
Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson
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 YSnow
Stancil
Y Stanley Steinberg
Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs Y Waddle
Y Waldrep Walker.C Walker.L
YWall Ware Watson Watts White Wilder
Y Williams.B WilliamsJ Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 18, 1988

1201

HB 1641. By Representatives Ware of the 77th, Wood of the 9th, Groover of the 99th, Watson of the 114th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of colli sion damage waivers; to provide a short title; to provide for applicability; to define certain terms; to provide for licenses, renewals, and fees associated with such licenses; to provide for the filing and approval of forms; to provide for the content of collision damage waivers.

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 YBenn
Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark,L Y Colbert

Y Coleman Colwell Connell
Y Couch
YCox Y Crawford Y Crosby
Y Cummings,B Y Cummings,M 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 Hanner Y Harris Y Hasty 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
YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M 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
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman 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
Thompson Y Thurmond Y Tolbert
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
YWare Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J
Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1555. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to provide for the compensation of the members and chairman of the Board of Education of Rockdale County.

The following Senate substitute was read:

1202

JOURNAL OF THE HOUSE,

A BILL
To provide for the compensation of the members and chairman of the Board of Edu cation of Rockdale County; to provide for related matters; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each member, including the chairman, of the Board of Education of Rockdale County may receive as compensation for serving on such board a per diem of $75.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state on official board business authorized by a majority of the board. The compensation provided for in this subsection shall be paid from the funds of the Rockdale County school system.
(b) In addition to the compensation provided for in subsection (a) of this section, each member and the chairman of the board of education shall be reimbursed for actual expenses necessarily incurred in connection with travel on official business outside Rockdale County which has been authorized by a majority of the board.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1555.
On the motion the ayes were 103, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1618.

By Representative Mostiler of the 75th:
A bill to amend Code Section 50-20-2 of the Official Code of Georgia Anno tated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a "nonprofit contractor".

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 Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch

Y Brooks Brown
Y Buck Y Buford
Y Byrd YCarrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford

Y Crosby Y Cummings.B Y Cummings.M 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
Gresham
Y Griffin

Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty 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 Y Lawler Y Lawrence
Y Lawson Y Lee Y Linder
Y Long Y Lord
Lucas Y Lupton
Mangum Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Milam Y Milford
Y Mobley

THURSDAY, FEBRUARY 18, 1988

1203

Y Moody Y Moore Y Morton Y Mostiler YMoultrie YMueller YOliver.C
Oliver.M YOrrock Y Padgett Y Pannell YParham YParrish 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 Y Ray Y Reaves
Redding

Y Richardson Ricketson
Y Robinson 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 Y Thomas,M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1322. By Representatives Mueller of the 126th, Ramsey of the 155th, Alien of the 127th, Goodwin of the 63rd, Gresham of the 21st and others:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to require verification that the person to whom an alcoholic beverage is sold or otherwise furnished is 21 years of age or older.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of alcoholic beverages generally, so as to provide for the duty to verify that the person to whom an alcoholic beverage is sold or otherwise furnished is 21 years of age or older under certain circumstances; to provide for certain rebuttable presumptions; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to general provisions regarding the regulation of alcoholic beverages gener ally, is amended by striking Code Section 3-3-23, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, and inserting in its place a new Code Section 3-3-23 to read as follows:
"3-3-23. (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause
to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age._In any case where a reasonable or pru dent person could reasonably be in doubt as to whether or not the person to whom the alcoholic beverage is to be sold or otherwise furnished is actually 21 years of age or older, it shall be the duty of the person selling or otherwise furnishing such alco holic beverage to request to see and to be furnished with proper identification as pro vided for in subsection (d) of this Code section in order to verify the age of such person; and the failure to make such request and verification in any case where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age shall create a rebuttable presumption that the person selling or otherwise furnishing such alcoholic beverage did so knowingly;
(2) No person under 21 years of age shall purchase or knowingly possess any alco holic beverage;

1204

JOURNAL OF THE HOUSE,

(3) No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage;
(4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or
(5) No person under 21 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage. (b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or
(2) At a religious ceremony. (c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when posses sion is in the home of the parent or guardian and such parent or guardian is present. (d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alco holic beverage is sold is 21 years of age or older. For purposes of this subsection, the term 'proper identification' means any document issued by a governmental agency con taining 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 iden tification 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. (e) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 21 years of age from:
(1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment;
(2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or
(3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment. (f) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 21 years of age. (g) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15."
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 YAdams.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 Benn
Y Birdsong Y Bishop
Bostick

Y Branch Y Brooks
Brown Y Buck Y Buford
Y Byrd Y Carrell
Y Carter Y Chambless N Chance

Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L
Y Colbert Y Coleman
Y Colwell Connell
Y Couch

Y Cox Y Crawford
Crosby Y Cummmgs,B Y Cummings.M
Y Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover

THURSDAY, FEBRUARY 18, 1988

1205

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 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
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
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows

YMilam Y Milford Y Mobley Y Moody Y Moore
Y Morton Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M 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
Randall Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson 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

Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Walker,L Y Wall YWare
Y Watson Y Watts
White Wilder Y Williams.B Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dunn of the 73rd 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 1385.

By Representatives Ray of the 98th, Hanner of the 131st, Ramsey of the 3rd, Meadows of the 91st, Lucas of the 102nd and others:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for peace officers to perform unattended vehicle checks on motor vehicles left unattended on a public street, road, or highway or other public property; to provide for the attachment and filing of unattended vehicle check cards.

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
Y Brooks Brown
YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L Y Colbert
Y Coleman Y Colwell
Connell Y Couch

YCox
Y Crawford Y Crosby Y Cummings,B Y Cummings,M
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 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 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 YMcCoy Y McDonald Y McKelvey

1206

JOURNAL OF THE HOUSE,

McKinney Y Meadows YMilam
Y Milford Y Mobley
Moody Y Moore Y Mortpn
Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M YOrrock Y Padgett Y Pannell

Y Parham
Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Ransom

YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson 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
Stancil Y Stanley
Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Tolbert 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
Williams ,J
Y Wilson Y Wood Y Workman
Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 536. By Senators Deal of the 49th and Kennedy of the 4th:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties.

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 Y Bishop Y Bostick Y Branch
Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch YCox Y Crawford Y Crosby
Y Cummmgs.B Y Cummings,M 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
Gresham Y Griffin
Groover Y Hamilton
Y Banner Y Harris Y Hasty 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
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C
01iver,M
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
Randall Ransom
YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 154, nays 0.

Y 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 Y Thurmond
Tolbert 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
WilliamsJ Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

THURSDAY, FEBRUARY 18, 1988

1207

The Bill, having received the requisite constitutional majority, was passed.

SB 430. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Anno tated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Benefield Benn Birdsong Y Bishop
Y Bostick Y Branch Y Brooks
Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings.B Y Cummings,M 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 Y Manner Y Harris Y Hasty 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 LaneJR Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under
YLong YLord
Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
YMilam Y Milford Y Mobley
Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver.C Oliver.M
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips Y Pinkston Y Pittman
Porter Y Powell
Prichard Y Rainey
Y Ramsey.T Y Ramsey.V
Randall Ransom Ray Y Reaves Y Redding Y Richardson Ricketson Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Sinkfield

Y Sizemore
Y Smith.L Y Smith,?
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 Y Tolbert 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 Williams.J Y Wilson Y Wood Y Workman Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was

SB 471. By Senators Garner of the 30th and Crumbley of the 17th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; 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:

1208

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balk com Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefleld
Benn
Birdsong
Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L
Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings,B
Cummings,M Davis.G Y Davis.M Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd
Y Foster Galer
YGodbee Y Goodwin
Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris
Y Hasty 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
Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milara Y Milford Y Mobley Y Moody
Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C
Oliver.M
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston
Y Pittman Porter
Y Powell Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson 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
YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson Y Thurmond
Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was

The Speaker assumed the Chair.

HB 254. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning and development, so as to authorize the Health Planning Agency to establish and operate a state-wide health care data system to collect, verify, compile, analyze, and disseminate certain health care data.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of health care facilities, so as to provide for annual reports to the Depart ment of Human Resources by certain health care providers; to provide for definitions; to require the Department of Human Resources to establish and operate a health care data system and provide for requirements, procedures, and powers relating thereto; to authorize that department to request and obtain from certain health care providers, state depart ments, and other entities certain health care data and require that certain data be pro vided; to provide for powers and duties of the Department of Human Resources with regard to health care data obtained by the department; to provide for applicability to public or private entities; to provide for rules and regulations of that department and cer tain state officers, departments, and agencies; to provide for costs of the data collection

THURSDAY, FEBRUARY 18, 1988

1209

systems and fees and charges relating thereto; to provide for civil penalties and sanctions relating to permits and licenses; to require certain reports and release of certain informa tion and provide for conditions and procedures relating thereto; to provide immunity for the releasing of information under certain conditions; to provide for immunity for persons performing other duties required by the article; to provide for the confidentiality of certain information and records; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of health care facilities, is amended by adding at the end a new Article 12 to read as follows:
"ARTICLE 12
31-7-280. (a) As used in this article, the term: (1) 'Health care provider' means any hospital or ambulatory surgical or obstetrical facility having a license or permit issued by the department under Article 1 of this chapter. (2) 'Indigent person' means any person having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (3) 'Third-party payer" means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, or nonprofit health care plans or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer. (b) There shall be required from each health care provider in this state an annual report of certain health care information to be submitted to the department. The report shall be due on the last day of January and shall cover the 12 month period preceding each such calendar year. (c) The report required under subsection (b) of this Code section shall contain the following information: (1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Amount of contractual adjustments; (5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philan thropic groups, or any other sources, including the proportion of any such funding dedicated to the care of indigent persons; (8) For cases involving indigent persons:
(A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The total number of patients categorized by county of residence; (E) The indigent care costs incurred by the health care provider by county of residence; (F) Patient diagnosis and procedures used in the case; (9) The public, profit, or nonprofit status of the health care provider and whether or not the provider is a teaching hospital; (10) The number of board certified physicians, by specialty, on the staff of the health care provider; (11) The number of nursing hours per day for each hospital and per patient visit for each ambulatory surgical or obstetrical facility; (12) For ambulatory surgical or obstetrical facilities, the types of surgery performed and emergency back up systems available for that surgery; and

1210

JOURNAL OF THE HOUSE,

(13) For hospitals; (A) The availability of emergency services, trauma centers, intensive care units,
and neonatal intensive care units; (B) Specialty procedures and number performed annually; and (C) Caesarean section rates by number and as a percentage of deliveries.
(d) The department shall provide a form for the report required by subsection (b) of this Code section and may provide in such form for further categorical divisions of the information listed in subsection (c) of this Code section.
(e) The department shall, within a period of one year following the effective date of this article, in cooperation with representatives of such consumer groups and associa tions and health care providers as it shall designate, study and determine such addi tional quality indicators as the department shall determine are in the best interests of the residents of this state.
(f) In the event that the department does not receive from a health care provider an annual report containing the data and information required by this article within 30 days following the date such report was due or receives a timely but incomplete report, the department shall notify the health care provider regarding the deficiencies, by certi fied mail, return receipt requested. In the event such deficiency continues for 15 days after said notification has been given, the health care provider shall be liable for a pen alty in the amount of $1,000.00 for such violation and an additional penalty of $500.00 for each day during which such violation continues.
31-7-281. (a) The department shall be required to establish and operate a state wide health care data system to collect, verify, compile, analyze, and disseminate data collected pursuant to this article from health care providers and other specified entities.
(b) The department shall be authorized to execute contracts or establish written agreements for the purpose of avoiding duplication of data collected pursuant to this article.
(c) Where an existing data collection system meets the collection requirements of the department pursuant to this article, the department shall utilize any existing system when the significant elements of such data are collected, provided that such system meets the requirements of the department pursuant to this article and is available, with out undue restrictions, to the department.
(d) The department shall have complete authority over any data collection functions performed pursuant to this article and shall be authorized to perform such data analyses as shall, in its discretion, be required.
(e) The department shall establish a system to review and audit selected report data which are collected other than by the department.
31-7-282. (a) The department shall be authorized to request, collect, receive, or require the collection and submission of data from:
(1) Health care providers; (2) The Department of Medical Assistance; (3) The Commissioner of Insurance;
(4) The State Health Planning Agency;
(5) Third-party payers;
(6) The Joint Commission on the Accreditation of Hospitals; and
(7) Other appropriate sources as determined by the department. Any entity specified in paragraphs (1) through (4) of this subsection which has in its custody or control data requested by the department pursuant to this subsection shall provide that department with such data, but any data regarding a health care provider which is already available in the records of any state officer, department, or agency specified in Paragraphs (2), (3), or (4) of this subsection shall not be required to be pro vided to the department by that health care provider.
(b) All data required to be provided under subsection (a) of this Code section shall be reported using the current recognized uniform billing form and common digit codes with uniform data elements and shall include, but shall not necessarily be limited to, the patient's age, sex, race, ZIP Code, county, payer sources, date of admission, proce dure and discharge date, principal and other diagnoses, principal and other procedures,

THURSDAY, FEBRUARY 18, 1988

1211

total charges and components of those charges, uniform physician identification number, uniform hospital identification number, attending physician identification number, data indicating disposition, provider utilized, specific financial data, data by payer category, and any other data provided for in this Code section.
31-7-283. (a) The department shall compile, direct the compilation of, and dissemi nate comparative information provided in the annual reports under Code Section 31-7-280 and other information on charges, total and ancillary charge components, length of stay on diagnosis-specific and procedure-specific cases, as well as disposition and utilization data, on a health care provider specific basis from the data provided for in Code Section 31-7-282.
(b) Any data collected by the department may be included in department reports pursuant to this article as deemed appropriate to offer full information to the public. Prior to the release or dissemination of the reports, the department shall permit the reporting entity a 30 day opportunity to verify the accuracy of any information pertain ing to its data. The reporting entity may submit to the department any corrections of errors in the compilations of the data with any supporting evidence and comments. The department shall correct for the report such data which, in its judgment, are found to be in error.
(c) If the data required by the department are available from the reporting entity by acceptably formatted, computer readable means, such method for reporting shall be preferred.
(d) The department is authorized, if it deems the same to be necessary, to require that any additional or alternative information related to the intent and purpose of this article be submitted to the department, subject to the limitations of subsection (a) of Code Section 31-7-282.
(e) The reporting of any data required by this article by specified types of health care providers shall include health care providers operated by state, county, municipal ity, public or private entities, or any combination thereof.
(f) The department, the Commissioner of Insurance, the Board of Medical Assis tance, and the State Health Planning Agency shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out their authority and duties under this article.
31-7-284. (a) The department shall be authorized to disclose nonpatient-specific data required under this article. Dissemination of such data to the public shall be made in clear and understandable language and in such form as to facilitate appropriate plan ning and choices on the part of consumers, providers, and payers.
(b) The department data base established pursuant to this article shall be updated no less frequently than on an annual basis. Public reports from that data shall be pub lished no less frequently than annually.
(c) The costs to the state associated with the data collection system provided for in this article shall be paid through the department budget. The department shall, at its discretion and funds permitting, begin collection and dissemination of data immediately. The department is authorized to charge fees for reports, data, and information related to the data system. The department shall implement a fee scale for such information that will result in fee collections not to exceed the costs of the data collection system. All such fees shall be remitted to the general fund of the state.
31-7-285. The department shall be authorized to make a determination that any health care provider which has a permit or license issued by the department and which fails to submit timely, accurate, and complete information as provided in this article be subject to appropriate sanctions otherwise authorized by law, including, but not limited to, suspension or revocation of such permit or license.
31-7-286. (a) Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such information as authorized or required by this article or any other law.
(b) Information provided to the department pursuant to this article or information released by the department shall not identify a patient by name or specific address. Any

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person, firm, corporation, association, or other entity who violates this subsection shall be guilty of a misdemeanor.
(c) A person shall not be civilly liable as a result of the person's acts, omissions, or decisions as an officer or employee or agent in connection with the person's duties for the department under this article.
(d) Unless otherwise provided in this article, the data collected by and furnished to the department pursuant to this article shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dis semination of data collected by the state. The reports prepared for release of dissemi nation from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this arti cle shall affect any provision of law relating to patient confidentiality.
(e) No cause of action shall arise against a person for disclosing information in accordance with this article; provided, however, that this Code section shall not provide immunity for disclosing or furnishing false information with malice or willful intent to injure any person."
Section 2. This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Colwell
Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings,B Y Cummings.M
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
Manner Y Harris
Y Hasty Y Heard
Y Hensley Y Herbert
Y Holcomb

Y Holmes
Y Hooks Y Hudson YIsakson Y Jackson.J
N 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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
01iver,M Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y 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 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 Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker.L YWall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 1.

THURSDAY, FEBRUARY 18, 1988

1213

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 825. By Representative Pettit of the 19th:
A resolution urging the members of the Georgia congressional delegation to recognize the actual benefits from Georgia's reservoir projects which are jointly administered by the Army Corps of Engineers and the Southeastern Power Administration.

HR 826. By Representatives Clark of the 20th, Wood of the 9th, Wilder of the 21st, Stanley of the 33rd, Morton of the 47th and others:
A resolution commending Headquarters, Georgia Air National Guard in Atlanta.

HR 827. By Representatives Greene of the 130th, Holcomb of the 72nd, Bargeron of the 108th, Mobley of the 64th, Sinkfield of the 37th and others:
A resolution recognizing and commending Westville Historic Handicrafts.

HR 828. By Representatives Greene of the 130th, Bargeron of the 108th, Holcomb of the 72nd, Byrd of the 153rd, Dover of the llth and others:
A resolution recognizing the Creek Indian heritage of the Chattahoochee Valley.

HR 834. By Representatives Greene of the 130th, Reaves of the 147th, Byrd of the 153rd and Balkcom of the 140th:
A resolution commending Jimmy Curry.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 833. By Representatives McDonald of the 12th, Lee of the 72nd, Bailey of the 72nd and Murphy of the 18th:
A resolution commending Mr. Joe T. LaBoon and inviting him to appear before the House of Representatives.

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 430. By Representatives Benn of the 38th, Thomas of the 31st, Bostick of the 138th, Brooks of the 34th, Johnson of the 123rd and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to substantially and completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing.

The following Committee substitute was read:

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A BILL
To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to substantially and completely revise and supersede laws deal ing with discrimination in the selling, leasing, and financing of housing; to provide for a statement of policy; to provide for definitions; to prohibit certain actions or activities or refusals to act relative to the sale or rental of housing, dwellings, or other property; to pro vide for exceptions; to prohibit certain activities by banks, building and loan associations, insurance companies, or other corporations, associations, firms, or enterprises relative to commercial real estate loans or other financial assistance; to prohibit the denial of access to or membership or participation in any multiple-listing service, real estate brokers' orga nization, or certain other service organizations or facilities under certain circumstances; to provide for the administration of such laws; to provide for delegation of functions, duties, and powers; to provide for conciliation; to provide for cooperation and assistance; to pro vide for studies and reports; to provide for educational and conciliatory activities; to pro vide for civil and criminal actions; to provide for administrative procedure; to provide for limitations on actions; to provide for confidential information and to prohibit the release thereof; to provide for injunctions and restraining orders; to provide for penalties; to pro vide for subpoenas and the issuance and enforcement thereof; to provide for fees; to direct the Attorney General to conduct certain litigation and provide certain services; to provide for practices and procedures; to provide for local ordinances and the validity thereof; to provide for intergovernmental agreements and the publication thereof; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by striking Article 4 of said chapter, relating to discrimi nation in the sale, lease, or financing of housing, which reads as follows:
"ARTICLE 4
8-3-200. It is declared to be the public policy of the State of Georgia, in the exercise of its police power for the general welfare and the public health and safety, to assure equal opportunity to all persons to live in decent housing accommodations and to pro hibit discrimination because of race, color, sex, religion, or national origin by any person in a transaction involving a housing accommodation.
8-3-201. As used in this article, the term: (1) 'Financial institution' means any person engaged in the business of lending
money, arranging for the loan of money, or guaranteeing losses in the loan of money in connection with the purchase, sale, rental, or lease of any housing accommodation.
(2) 'Housing accommodation' means any improved property, including a mobile home unit, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as a home or residence.
(3) 'Insurance company' means any person engaged in the business of providing casualty or mortgage insurance to any person in connection with the ownership, pos session, lease, or occupancy of any housing accommodation.
(4) 'Owner' means any person having the right of ownership or possession of or the right to sell, rent, or lease any housing accommodation and includes a lessee, cotenant, builder, or agent thereof.
(5) 'Person' means any individual, firm, corporation, partnership, or association. (6) 'Real estate broker' means a broker, as that term is defined in Code Section 43-40-1.
(7) 'Real estate salesperson' means a salesman or a salesperson, as those terms are defined in Code Section 43-40-1. 8-3-202. In connection with the sale, purchase, financing, or lease of, or the offer to sell, purchase, finance, or lease, any housing accommodation within the State of Georgia,

THURSDAY, FEBRUARY 18, 1988

1215

it shall be unlawful for any owner, financial institution, insurance company, real estate broker, real estate salesperson, or any agent thereof:
(1) To refuse to sell, purchase, rent, or lease, or otherwise to deny or withhold, any housing accommodation to or from any person because of that person's race, color, sex, religion, or national origin;
(2) To discriminate against a person because of that person's race, color, sex, reli gion, or national origin in connection with the conditions or privileges of the sale, pur chase, rental, or lease of any housing accommodation, or in the furnishing of facilities, insurance coverage, or service in connection therewith;
(3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent, or lease any housing accommodation from or to any person because of that person's race, color, sex, religion, or national origin;
(4) To refuse to negotiate for the sale, purchase, rental, or lease of any housing accommodation to or from a person because of that person's race, color, sex, religion, or national origin;
(5) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental, or lease when in fact it is so available or to refuse to permit a person to inspect any such housing accommodation, because of that person's race, color, sex, religion, or national origin;
(6) To make, publish, print, circulate, post, or mail, or cause to be made, pub lished, printed, circulated, posted, or mailed, any notice, statement, or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, pur chase, rental, lease, or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease, or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate on the basis of a person's race, color, sex, religion, or national origin;
(7) To offer, solicit, accept, or use a listing of any housing accommodation for sale, purchase, rental, or lease with the understanding that a person applying therefor may be subjected to discrimination based on such person's race, color, sex, religion, or national origin in connection with such sale, purchase, rental, or lease, or in the fur nishing of facilities or services in connection therewith;
(8) To represent explicitly or implicitly, for the purpose of inducing or discouraging or attempting to induce the sale, purchase, rental, or lease, or the listing for the sale, purchase, rental, or lease, of any housing accommodation, that the pres ence or anticipated presence of persons of any particular race, color, sex, religion, or national origin in the area to be affected by such sale, purchase, rental, or lease will or may result in:
(A) The lowering of property values in the area; (B) An increase in criminal or antisocial behavior in the area;
(C) A decline in the quality of the schools and other public services in the area; or
(D) A material change in the racial, religious, or ethnic composition of the area; (9) To engage in, hire to be done, or conspire with others to commit acts or activi ties of any nature the purpose of which is to coerce, cause panic, incite unrest, or create or play upon fear, with the purpose of either discouraging or inducing, or attempting to induce, the sale, purchase, rental, or lease, or the listing for the sale,
purchase, rental, or lease, of any housing accommodation; (10) To retaliate or discriminate in any manner against a person because such
person has opposed a practice declared unlawful by this Code section or because such
person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing involving this article;
(11) To aid, abet, incite, compel, or coerce any person to engage in any of the prac
tices prohibited by this article or to obstruct or prevent any person from complying with this article or any order issued thereunder;
(12) Otherwise to deny to or withhold from a person any housing accommodation
because of such person's race, color, sex, religion, or national origin;

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(13) To intimidate or otherwise harass any person in the occupancy, ownership, or leasing of any housing accommodation because of such person's race, color, sex, reli gion, or national origin;
(14) To deny to any person applying therefor casualty or mortgage insurance cover age or a loan or other financial assistance for the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation or to discriminate against such person, directly or indirectly, in the fixing of the terms of coverage or cost of such insurance or the amount, interest rate, duration, or other terms or condi tions of such loan or other financial assistance because of the race, color, sex, religion, or national origin of such person or of any person associated with such person in connection with such application for insurance or loan or other financial assistance or of the present or prospective owners, lessees, tenants, or occupants of the housing accommodations in the relative area in which such housing accommodation is located; or
(15) To deny to any real estate broker or salesperson access to or membership or participation in any multiple-listing service, real estate broker's organization, or other
service, organization, or facility relating to the business of selling or renting housing accommodations or to discriminate against such person in the terms or conditions of such access, membership, or participation because of that person's race, color, sex, reli gion, or national origin.
8-3-203. A real estate broker, real estate salesperson, financial institution, or insur ance company shall be responsible for the acts of its agents, salespersons, or employees
and shall be deemed to have violated this article if its agents, salespersons, or employees are found to be in violation of this article, provided that no principal or employer shall be deemed to have violated this article if it is shown that (1) the act of the agent,
salesperson, or employee was contrary to the instructions of such principal or employer and (2) the principal or employer did not ratify the act of the agent, salesperson, or employee.
8-3-204. Any real estate broker, any lender, any insurer, or the agents or employees thereof, or any other person subject to the requirements of this article shall not be pro
hibited by anything contained in this article from answering truthfully any questions of any prospective buyer or seller of any housing accommodation, whom such person serves
as an agent, concerning any matters which, in the opinion of such person, may affect such prospective buyer's or seller's decision to buy or sell.
8-3-205. The right to own and enjoy property shall remain inviolate; and nothing in this article shall be construed to prevent an owner from disposing of his property as he
sees fit under the law. Any person accused under this article shall have a trial by jury. 8-3-206. This article shall not apply to any person who sells or offers to sell a hous
ing accommodation and who does not use the services of a real estate broker or
salesperson in connection therewith and who is not engaged in the business of building, buying, or selling housing accommodations. Further, this article shall not apply to the
rental or lease of any housing units in a housing accommodation which is occupied as a residence by the owner or a member of the owner's family. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or
organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwell
ings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such reli
gion is restricted on account of race, color, sex, or national origin.
8-3-207. (a) Any person aggrieved by the acts of any real estate broker, any lender, any insurer, or the agents or employees thereof, or any other person subject to the
requirements of this article, or by any act which constitutes a violation of Code Section 8-3-202, may institute against any person committing such acts a civil action in any
court of record in this state having jurisdiction over the defendant. Any such civil action must be brought within 180 days after the alleged act occurred.
(b) The court may grant as relief, as it deems appropriate, any permanent or tempo rary injunction, temporary restraining order, or other order and may award to the plain
tiff actual damages and not more than $1,000.00 punitive damages, together with court

THURSDAY, FEBRUARY 18, 1988

1217

costs and reasonable attorney's fees in the case of a prevailing plaintiff, provided that the plaintiff, in the opinion of the court, is not financially able to assume the attorney's fees.
8-3-208. (a) Any person who violates any provision of this article shall be guilty of a misdemeanor.
(b) If a real estate broker, a real estate salesperson, or an employee thereof is found to be in violation of this article, the Georgia Real Estate Commission, upon receipt of notification of conviction from the court hearing the matter, may suspend the license of the real estate broker or salesperson for a period of not less than 90 days nor more than five years and may, in an appropriate case, revoke the license.", and inserting in lieu thereof a new Article 4 to read as follows:
"ARTICLE 4
8-3-200. It is the policy of the State of Georgia to provide, within constitutional limitations, for fair housing throughout the state.
8-3-201. As used in this article, the term: (1) 'Administrator' means the administrator of the Office of Fair Employment
Practices created under Article 2 of Chapter 19 of Title 45. (2) 'Discriminatory housing practice' means an act that is unlawful under Code
Section 8-3-202, 8-3-203, or 8-3-204. (3) 'Dwelling' means any building, structure, or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(4) 'Family' includes a single individual. (5) 'Person' means one or more individuals, corporations, partnerships, associa tions, labor organizations, legal representatives, mutual companies, joint-stock compa nies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries. (6) 'Person aggrieved' means any person who claims to have been injured by a dis criminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur. (7) 'State' means the State of Georgia. (8) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a con sideration the right to occupy premises not owned by the occupant. 8-3-202. (a) Except as exempted by subsection (b) of this Code section or Code Section 8-3-205, it shall be unlawful: (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, or national origin; (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, or national origin; (3) To make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, reli gion, sex, or national origin, or an intention to make any such preference, limitation, or discrimination; (4) To represent to any person because of race, color, religion, sex, or national origin that any dwelling is not available for inspection, sale, or rental when such dwell ing is in fact so available; or (5) For profit, to induce or attempt to induce any person to sell or rent any dwell ing by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, or national origin, (b) (1) Nothing in this Code section, other than paragraph (3) of subsection (a) of this Code section, shall apply to:
(A) Any single-family dwelling sold or rented by an owner; if:

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(i) Such private individual owner does now own more than three such singlefamily dwellings at any one time;
(ii) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agree ment, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family dwellings at any one time;
(iii) Such dwelling is sold or rented: (I) Without the use in any manner of the sales or rental facilities or the
sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and
(II) Without the publication, posting, or mailing, after notice, of any adver tisement or written notice in violation of subsection (c) of this Code section; but nothing in this paragraph shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or (B) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his resi dence. (2) In the case of the sale of any such single-family dwelling by a private indi vidual owner not residing in such dwelling at the time of such sale or who was not the most recent resident of such dwelling prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twentyfour month period. (c) For the purposes of subsection (b) of this Code section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwell ing or any interest therein; or
(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
8-3-203. It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, con structing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in this Code section shall impair the scope or effectiveness of the exception contained in subsection (b) of Code Section 8-3-202.
8-3-204. It shall be unlawful to deny any person access to, or membership or parti cipation in, any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, or national origin.
8-3-205. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a

THURSDAY, FEBRUARY 18, 1988

1219

commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
8-3-206. (a) The authority and responsibility for administering this article shall be vested in the administrator of the Office of Fair Employment Practices.
(b) The administrator may delegate any of the administrator's functions, duties, and powers to employees of the Office of Fair Employment Practices or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this article. Insofar as possible, conciliation meet ings shall be held in the cities or other localities where the discriminatory housing prac tices allegedly occurred.
(c) All departments and agencies of state government shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this article and shall cooperate with the administrator to further such purposes.
(d) The administrator shall:
(1) Make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the state;
(2) Publish and disseminate reports, recommendations, and information derived
from such studies; (3) Cooperate with and render technical assistance to local and other public or pri
vate agencies, organizations, and institutions which are formulating or carrying on pro grams to prevent or eliminate discriminatory housing practices; and
(4) Administer the programs and activities relating to housing in a manner affirm atively to further the policies of this article.
8-3-207. The administrator shall commence such educational and conciliatory activities as in the administrator's judgment will further the purposes of this article. The administrator shall call conferences of persons in the housing industry and other inter
ested parties to acquaint them with this article and the administrator's suggested means of implementing this article, and shall endeavor with their advice to work out programs
of voluntary compliance and of enforcement. The administrator shall consult with state and local officials and other interested parties to learn the extent, if any, to which hous
ing discrimination exists in this state, and whether and how enforcement programs might be utilized to combat such discrimination in connection with the administrator's
enforcement of this article. The administrator shall issue reports on such conferences and consultations as the administrator deems appropriate.
8-3-208. (a) Any person who claims to have been injured by a discriminatory hous
ing practice or who believes that he will be irrevocably injured by a discriminatory hous ing practice that is about to occur may file a complaint with the administrator. Complaints shall be in writing and shall contain such information and be in such form
as the administrator requires. Upon receipt of such a complaint the administrator shall furnish a copy of the same to the person or persons who allegedly committed or are
about to commit the alleged discriminatory housing practice. Within 30 days after receiving a complaint, or within 30 days after the expiration of any period of reference
under subsection (c) of this Code section, the administrator shall investigate the com plaint and give notice in writing to the person aggrieved whether the administrator
intends to resolve it. If the administrator decides to resolve the complaint, the adminis trator shall proceed to attempt to eliminate or correct the alleged discriminatory housing
practice by informal methods of conference, conciliation, or persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence
in a subsequent proceeding under this article without the written consent of the persons concerned. Any employee of the Office of Fair Employment Practices who shall make
public any information in violation of this subsection shall be guilty of a misdemeanor.

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JOURNAL OF THE HOUSE,

(b) A complaint under subsection (a) of this Code section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against the respondent and with the leave of the administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(c) If within 30 days after a complaint is filed with the administrator, the adminis trator has been unable to obtain voluntary compliance with this article, the person aggrieved may, within 30 days thereafter, commence a civil action in any appropriate superior court, against the respondent named in the complaint, to enforce the rights granted or protected by this article, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may, subject to the provisions of Code Section 8-3-210, enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.
(d) In any proceeding brought pursuant to this Code section, the burden of proof shall be on the complainant.
(e) Whenever an action filed by an individual in a superior court pursuant to this Code section or Code Section 8-3-210 shall come to trial the administrator shall immedi ately terminate all efforts to obtain voluntary compliance.
8-3-209. (a) In conducting an investigation the administrator shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation, provided that the administrator first complies with the provisions of the Fourth Amendment to the Constitution of the United States, relat ing to unreasonable searches and seizures. The administrator may issue subpoenas to compel access to or the production of such materials or the appearance of such persons and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in a superior court in which the investigation is taking place. The administrator may administer oaths.
(b) Upon written application to the administrator, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the administra tor to the same extent and subject to the same limitations as subpoenas issued by the administrator. Any subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at his or her request.
(c) Witnesses summoned by subpoena of the administrator shall be entitled to the same witness and mileage fees as are witnesses in proceedings in superior courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him or her.
(d) Within five days after service of a subpoena upon any person, such person may petition the administrator to revoke or modify the subpoena. The administrator shall grant the petition if the administrator finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena, the administrator or other person at whose request it was issued may petition for its enforcement in the superior court of the county in which the person to whom the subpoena was addressed resides or transacts business.
(f) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in his power

THURSDAY, FEBRUARY 18, 1988

1221

to do so, in obedience to the subpoena or lawful order of the administrator, shall be guilty of a misdemeanor. Any person who, with intent thereby to mislead the adminis trator, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the administrator pursuant to the administrator's subpoena or other order, or who shall willfully neglect or fail to make or cause to be made full, true, and correct entries in any such report, account, record, or other document, or who shall willfully mutilate, alter, or by an other means falsify any documentary evidence, shall be guilty of a misdemeanor.
(g) The Attorney General shall conduct all litigation in which the administrator par ticipates as a party or as amicus pursuant to this article.
8-3-210. (a) The rights granted by Code Sections 8-3-202, 8-3-203, and 8-3-204 may be enforced by civil actions in appropriate superior courts. A civil action shall be com menced within 180 days after the alleged discriminatory housing practice occurred, pro vided that the court shall continue such civil case brought pursuant to this Code section or subsection (c) of Code Section 8-3-208 from time to time before bringing it to trial if the court believes that the conciliation efforts of the administrator are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the administrator and which practice forms the basis for the action in court; provided, further, that any sale, encumbrance, or rental consummated prior to the issuance of any court order issued under the authority of this article and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected.
(b) Upon application by the plaintiff and in such circumstances as the court may deem just, a court in which a civil action under this Code section has been brought may appoint an attorney for the plaintiff and may authorize the commencement of a civil action.
(c) The court may grant as relief, as it deems appropriate, any permanent or tempo rary injunction, temporary restraining order, or other order, and may award to the plain tiff actual damages and not more than $1,000.00 punitive damages, together with court costs and reasonable attorney's fees in the case of a prevailing plaintiff, if the plaintiff, in the opinion of the court, is not financially able to assume said attorney's fees.
8-3-211. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article, or that any group of persons has been denied any of the rights granted by this article and such denial raises an issue of general public importance, he may bring a civil action in any appropriate court by filing with it a complaint setting forth the facts and requesting such preventive relief, includ ing an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for such pattern or practice or denial of rights, as he deems necessary to ensure the full enjoyment of the rights granted by this article.
8-3-212. Any court in which a proceeding is instituted under Code Section 8-3-210 or 8-3-211 shall assign the case for hearing at the earliest practicable date and cause the case to be expedited.
8-3-213. Nothing in this article shall be construed to invalidate or limit any ordi nance of a political subdivision of this state that grants, guarantees, or protects the same rights as are granted by this article; but any ordinance of a political subdivision that purports to require or permit any action that would be a discriminatory housing practice under this article shall, to that extent, be invalid.
8-3-214. The administrator may cooperate with federal and local agencies charged with the administration of federal and local fair housing laws or ordinances and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperative efforts, the administrator may enter into written agreements with such federal or local agencies. All agreements and terminations thereof shall be published in the Official Compilation of the Rules and Regulations of the State of Georgia.

1222

JOURNAL OF THE HOUSE,

8-3-215. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of such persons having exercised or enjoyed, or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Code Section 8-3-202, 8-3-203, or 8-3-204. This Code section may be enforced by appropriate civil action.
8-3-216. The administrator is authorized to promulgate and adopt rules and regula tions to carry out this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 430 as follows:
1. Strike "now" on Line 31, Page 11, insert "not".
2. Strike Lines 13 through 20, page 22, and insert:
"8-3-21. A Political subdivision of this State may adopt verbatim the discriminatory housing practices of this Article as a local ordinance but may not expand or reduce the rights granted by this Article.".
3. By striking Lines 7 through 9, Page 23, and by striking "to provide for Rules and Regulations" on Line 3, Page 2.

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
Balkcom Y Bannister Y Bargeron N Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell
Carter Chambless Y Chance
Y Cheeks N Childers

Y Clark.B
Y Clark.H Y Clark.L Y Colbert
Coleman N Colwell Y Connell Y Couch Y Cox
Y Crawford Y Crosby
Cummings.B Cummings.M Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd N Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
N Griffin Y Groover

Y Hamilton
Y Manner Y Harris Y Hasty
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
Kilgore Y Kingston
Lane.D N Lane,R Y Langford
Lawler Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord Lucas
Y Lupton Y Mangum

Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Y Moody N Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M 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 Randall
Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson 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 Y Snow
Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert

THURSDAY, FEBRUARY 18, 1988

1223

YTonsend Y Triplet* NTwiggs
Y Waddle

Waldrep Y Walker.C YWalker.L
Y Wall

Y Ware Y Watson Y Watts
White

Y Wilder Y Williams.B
Williams,J
Y Wilson

Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 430, by substitute, as amended, was ordered immediately transmitted to the Senate.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 745. By Representatives Kilgore of the 42nd, Watts of the 41st, Simpson of the 70th, Thompson of the 20th, Wilson of the 20th and others:
A resolution commending Jean Carolyn Williams; inviting Ms. Williams to appear before the House of Representatives.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the House:

HB 751. By Representatives Lane of the 27th and Bostick of the 138th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehi cles, so as to require certain persons in certain vehicles to use seat belts.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 835. By Representative Ricketson of the 82nd:
A resolution commending the Lincoln County High School Red Devils football team and inviting them to appear before this body.

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 492. By Senator Hine of the 52nd:
A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Anno tated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.

The following amendment was read and adopted:

1224

JOURNAL OF THE HOUSE,

The Committee on Judiciary moves to amend SB 492 by adding following the word "as" on line 3 of page 1 the following:
"to provide for appeals to the state court;". By adding following the words "superior court" on line 14 of page 1 the following:
"or state court".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Atkins Y Bailey
Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnrtt.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck
Buford
YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks
Childers Clark,B Y Clark.H Y Clark,L Y Colbert

Y Coleman Colwell
Y Connell Couch
YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M
Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Holmes Hooks
Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford
Lawler Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver.C Oliver.M
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
Ramsey.V Randall
Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,? Y Smith.T
Smith.W
Y Smyre YSnow Y Stancil
Y Stanley Steinberg
Y Stephens
Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L
Y Wall Y Ware Y Watson Y Watts
White Wilder
Y Williams,B WilliamsJ Wilson
Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 440. By Senators McGill of the 24th, Ray of the 19th, English of the 21st and others:
A bill to amend Code Section 2-9-41 of the Official Code of Georgia Anno tated, relating to investigations of grain dealers or persons, partnerships, cor porations, or other entities engaging in transactions involving grain, so as to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 18, 1988

1225

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
Barnett,B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Y Cummings.M
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 Y Heard Y Hensley
Herbert Y Holcomb

Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,,) 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 Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C Y 01iver,M
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
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Robinson
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
Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1747.

By Representative Ware of the 77th:
A bill to amend Code Section 33-10-2 of the Official Code of Georgia Anno tated, relating to assets excluded from consideration in the determination of the financial condition of an insurer, so as to provide for the allowance of the use of good will under limitations imposed by rules of the Commissioner of Insurance.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Y Brown YBuck Y Buford YByrd Y Carrell Y Carter

Y Chambless Y Chance Y Cheeks
Y Childers Clark.B
Y Clark.H
Y Clark,L Colbert
Y Coleman Y Colwell Y Connell
Couch YCox Y Crawford

Y Crosby
Y Cummings.B Y Cummings.M
Davis.G
Y Davis,M Y Dixon N Dobbs
Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer

Y God bee Y Goodwin
Green Y Greene
Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Hanner
Y Harris Hasty
Y Heard Y Hensley

1226

JOURNAL OF THE HOUSE,

Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
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 Y McCoy
McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M N Orrock

Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter
Y Powell Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Ransom
YRay Y Reaves
Redding Y Richardson

Ricketson Y Robinson
Y Royal Y Selman Y Shepard
Y Sherrod Simpson Sinkfleld
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 Y Thomas.M Y Thompson

Thurmond
Tolbert Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder
Y Williams.B Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 144, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1339.

By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th, Bishop of the 94th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to buildings and housing, so as to provide for the creation and establishment of the State Housing Trust Fund; to provide for a State Hous ing Trust Fund Commission.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the creation and establishment of the State Housing Trust Fund for the Homeless; to provide for a State Housing Trust Fund for the Homeless Commission; to provide for appointment of the commission; to prescribe the terms, qualifications, and duties of the members of the commission; to provide for dis bursements from the trust fund; to provide selection criteria for activities to be funded through the trust fund; 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 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
8-3-300. This article shall be known and cited as the 'State Housing Trust Fund for the Homeless Act.'
8-3-301. The General Assembly finds and declares: (1) That the state has a commitment to preserve and create safe, sanitary, decent,
and affordable housing for all its residents; (2) That federal support of housing has eroded considerably over the past decade
to the point where the federal government has all but abrogated this responsibility to the states and private development;

THURSDAY, FEBRUARY 18, 1988

1227

(3) That private development, whether for profit or not for profit, without state assistance is unable to produce or finance the needed construction, acquisition, reha bilitation, or improvement of residential housing for certain segments of the state's population;
(4) That the growing numbers of homeless in this state who are desperately in need of safe, sanitary, decent, and affordable housing will go unserved or underserved if state financial assistance is not provided; and
(5) That it constitutes a valid public purpose to create a State Housing Trust Fund for the Homeless to provide financial assistance for residential housing projects in this state. 8-3-302. As used in this article, the term:
(1) 'Authority' means the Georgia Residential Finance Authority created in Code Section 8-3-173.
(2) 'Commission' means the State Housing Trust Fund for the Homeless Commis sion created in Code Section 8-3-307.
(3) 'Low-income persons' means persons or families who lack the income necessary, as determined solely by the commission, to enable them, without financial assistance, to secure safe, sanitary, decent, and affordable housing.
(4) 'Member' means a member appointed to serve on the State Housing Trust Fund for the Homeless Commission.
(5) 'Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a residential housing project.
(6) 'Residential housing project' means a program designed to enhance residential housing opportunities for low income persons. Such projects include, but are not limited to, financing in whole or part the acquisition, rehabilitation, improvement, or construction of residential rental housing and interest rate or down payment assis tance programs designed to enhance home ownership opportunities.
(7) 'Trust fund' means the State Housing Trust Fund for the Homeless created in Code Section 8-3-303. 8-3-303. The State Housing Trust Fund for the Homeless is created as a separate fund in the state treasury. The fund shall be expended only as provided in this article. 8-3-304. The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts appropriated or otherwise donated to such trust fund. All funds appropriated to or otherwise paid or credited to the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. 8-3-305. 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. 8-3-306. The Fiscal Division of the Department of Administrative Services shall be authorized to draw a warrant or warrants upon the trust fund upon receipt of an order for payment of the State Housing Trust Fund for the Homeless Commission, which order for payment has been approved by the Governor. 8-3-307. (a) There is established the State Housing Trust Fund for the Homeless Commission which shall consist of nine members. Two of the nine members shall be the persons occupying the positions of chairperson and executive director of the Georgia Residential Finance Authority, and the Governor shall appoint the remaining seven public members. The public members shall be knowledgeable in the area of housing, and, to the extent practicable, shall represent diverse housing concerns. Public members shall serve for a term of four years except that initial appointments shall be staggered as follows: three of the appointees shall serve an initial term of four years and four of the appointees shall serve an initial term of two years. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Gover nor shall appoint a successor to serve the balance of the unexpired term. Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.

1228

JOURNAL OF THE HOUSE,

(b) The commission shall elect a chairperson who shall serve in that position for a term of two years. The commission shall elect such other officers and appoint commit tees as it deems appropriate.
(c) The commission shall hire no staff but shall contract with the Georgia Residen tial Finance Authority for professional, technical, and clerical support from the Georgia Residential Finance Authority as required. In the event that the Georgia Residential Finance Authority is unable to provide the professional, technical, or clerical services required, the commission may hire outside consultants on a specified project basis.
(d) Any and all appropriations made to the trust fund pursuant to the general appropriations Act or the supplemental appropriations Act shall be directed through the Department of Community Affairs. The commission shall submit its budget to and through the Department of Community Affairs.
8-3-308. 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 is in physical attendance at a commission meeting, plus either reimbursement for actual transportation costs while traveling by public car rier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Notwithstanding the foregoing, no member shall receive said expense allowance or travel reimbursement if said member is entitled to receive an expense allowance or travel reimbursement or salary for perfor mance of duties on some other state board, commission, or entity, by whatever name called, for work performed on that day in the same location. Expense allowances and travel reimbursement shall be paid from moneys appropriated or otherwise available to the trust fund.
8-3-309. The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The date for the first meeting shall be at the call of the chairperson of the board of directors of the Georgia Residential Finance Authority;
(2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available moneys from the trust fund for residential housing projects; and (5) Maintain or cause to be maintained records of all expenditures of the commis sion, all funds received, and all disbursements made. 8-3-310. The commission may accept federal funds granted by Congress or executive order for the purposes of residential housing projects and gifts, grants, and donations from individuals, private organizations, or foundations. All funds received in this manner shall be transmitted to the director of the Fiscal Division of the Department of Adminis trative Services for deposit in the trust fund to be disbursed as other moneys in the trust fund.
8-3-311. (a) The commission may authorize the disbursement of available money from the trust fund for residential housing projects sponsored by a qualified sponsor. The commission may consult, as appropriate, with persons with varied and diverse inter ests in housing in order to acquaint them with the trust fund and to solicit information relating to housing needs, residential housing projects, and criteria for selection of resi dential housing projects. The criteria for making such disbursement decisions shall include, but not be limited to, the following:
(1) The number of persons assisted;
(2) The leveraging of money or in-kind services by a qualified sponsor;
(3) The geographic distribution of residential housing projects;
(4) The availability of other forms of assistance; and
(5) Any and all other factors bearing upon the advisability and necessity of the residential housing project.
(b) Funds may also be disbursed from the trust fund to pay expenses of the commis sion, to pay any and all operating expenses, and to pay for professional, technical, and clerical services provided the commission by the Georgia Residential Finance Authority or by other outside sources."

THURSDAY, FEBRUARY 18, 1988

1229

Section 2. This Act shall become effective on January 1, 1989. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Smyre of the 92nd, et al, was read:

A BILL
To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the creation and establishment of the State Housing Trust Fund; to provide for a State Housing Trust Fund Commission; to provide for appointment of the commission; to prescribe the terms, qualifications, and duties of the members of the commission; to provide for disbursements from the trust fund; to pro vide selection criteria for activities to be funded through the trust fund; 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 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
Ac8t-.'3-300. This article shall be known and cited as the 'State Housing Trust Fund
8-3-301. The General Assembly finds and declares: (1) That the state has a commitment to preserve and create safe, sanitary, decent,
and affordable housing for all its residents; (2) That federal support of housing has eroded considerably over the past decade
to the point where the federal government has all but abrogated this responsibility to the states and private development;
(3) That private development, whether for profit or not for profit, without state assistance is unable to produce or finance the needed construction, acquisition, reha bilitation, or improvement of residential housing for certain segments of the state's population;
(4) That the growing numbers of homeless in this state who are desperately in need of safe, sanitary, decent, and affordable housing will go unserved or underserved if state financial assistance is not provided; and
(5) That it constitutes a valid public purpose to create a State Housing Trust Fund to provide financial assistance for residential housing projects in this state. 8-3-302. As used in this article, the term:
(1) 'Authority' means the Georgia Residential Finance Authority created in Code Section 8-3-173.
(2) 'Commission' means the State Housing Trust Fund Commission created in Code Section 8-3-307.
(3) 'Member' means a member appointed to serve on the State Housing Trust Fund Commission.
(4) 'Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a residential housing project.
(5) 'Residential housing project' means a program designed to enhance residential housing opportunities for low income persons. Such projects include, but are not limited to, financing in whole or part the acquisition, rehabilitation, improvement, or construction of residential rental housing and interest rate or down payment assis tance programs designed to enhance home ownership opportunities.
(6) 'Surcharge' means the state housing surcharge imposed on the real estate trans fer tax as provided in Code Section 48-6-1.

1230

JOURNAL OF THE HOUSE,

(7) 'Trust fund' means the State Housing Trust Fund created in Code Section 8-3-303.
8-3-303. The State Housing Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this article.
8-3-304. The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts appropriated or otherwise donated to such trust fund. All funds appropriated to or otherwise paid or credited to the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
8-3-305. 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.
8-3-306. The Fiscal Division of the Department of Administrative Services shall be authorized to draw a warrant or warrants upon the trust fund upon receipt of an order for payment of the State Housing Trust Fund Commission, which order for payment has been approved by the Governor.
8-3-307. (a) There is established the State Housing Trust Fund Commission which shall consist of nine members. Two of the nine members shall be the persons occupying the positions of chairperson and executive director of the Georgia Residential Finance Authority, and the Governor shall appoint the remaining seven public members. Public members shall serve for a term of four years except that initial appointments shall be staggered as follows: three of the appointees shall serve an initial term of four years and four of the appointees shall serve an initial term of two years. Public members shall con tinue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve the balance of the unexpired term. Member ship on the commission does not constitute public office, and no member shall be dis qualified from holding public office by reason of his or her membership.
(b) The commission shall elect a chairperson who shall serve in that position for a term of two years. The commission shall elect such other officers and appoint commit tees as it deems appropriate.
(c) The commission shall hire no personnel. The commission shall receive profes sional, technical, and clerical support from the Georgia Residential Finance Authority, as required.
(d) Any and all appropriations made pursuant to the general appropriations Act or the supplemental appropriations Act shall be directed through the Department of Com munity Affairs. The commission shall submit its budget to and through the Department of Community Affairs.
8-3-308. 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 is in physical attendance at a commission meeting, plus either reimbursement for actual transportation costs while traveling by public car rier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Notwithstanding the foregoing, no member shall receive said expense allowance or travel reimbursement if said member is entitled to receive an expense allowance or travel reimbursement or salary for perfor mance of duties on some other state board, commission, or entity, by whatever name called, for work performed on that day in the same location. Expense allowances and travel reimbursement shall be paid from moneys appropriated or otherwise available to the trust fund.
8-3-309. The commission shall:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The date for the first meeting shall be at the call of the chairperson of the board of directors of the Georgia Residential Finance Authority;
(2) Maintain minutes of its meetings;
(3) Adopt rules and regulations for the transaction of its business;

THURSDAY, FEBRUARY 18, 1988

1231

(4) Accept applications for disbursements of available moneys from the trust fund for residential housing projects; and
(5) Maintain or cause to be maintained records of all expenditures of the commis sion, all funds received, and all disbursements made. 8-3-310. The commission may accept federal funds granted by Congress or executive order for the purposes of residential housing projects and gifts, grants, and donations from individuals, private organizations, or foundations. All funds received in this manner shall be transmitted to the director of the Fiscal Division of the Department of Adminis trative Services for deposit in the trust fund to be disbursed as other moneys in the trust fund. 8-3-311. (a) The commission may authorize the disbursement of available money from the trust fund for residential housing projects sponsored by a qualified sponsor. The criteria for making such disbursement decisions shall include, but not be limited to, the following:
(1) The number of persons assisted; (2) The leveraging of money or in-kind services by a qualified sponsor; (3) The geographic distribution of residential housing projects; (4) The availability of other forms of assistance; and (5) Any and all other factors bearing upon the advisability and necessity of the residential housing project. (b) Funds may also be disbursed from the trust fund to pay operating expenses of the commission as provided by Code Section 8-3-308."
Section 2. This Act shall become effective on January 1, 1989; provided, however, that the provisions of this Act shall only become effective on such date upon the ratifi cation of a certain constitutional amendment at the November, 1988, general election, which amendment authorizes the General Assembly to provide for a State Housing Trust Fund and for all matters relative thereto.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

Representative Moore of the 139th moves to amend the Floor substitute to HB 1339 as follows:
By adding a new (8) on Page 2 between Lines 22 and 23 to read as follows:
(8) "Homeless" means a person who is physically or mentally incapacitated to the extent that he or she is incapable of and unable to support himself or herself and is unable to perform gainful employment.".

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
N Alford N Alien Y Athon
Y Atkins N Bailey
Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett.M N Beck N Benefield
N Benn

N Birdsong N Bishop N Bostick Y Branch
N Brooks N Brown N Buck
Y Buford N Byrd
N Carrell N Carter N Chambless Y Chance Y Cheeks N Childers N Clark,B
N Clark.H

Y Clark,L N Colbert Y Coleman
Colwell
N Connell Couch Cox
Y Crawford Crosby
Y Cummings,B N Cummings.M N Davis.G Y Davis.M Y Dixon Y Dobbs N Dover
N Dunn

N Edwards Y Felton Y Floyd Y Foster
N Galer Y Godbee N Goodwin
Green N Greene
N Greer Y Gresham Y Griffin N Groover N Hamilton Y Manner Y Harris
Hasty

N Heard N Hensley N Herbert N Holcomb
N Holmes N Hooks Y Hudson
N Isakson N Jackson,J
Y Jackson,W Y Jamieson N Johnson.D N Johnson.R Y Kilgore Y Kingston N Lane.D
Y Lane.R

1232

JOURNAL OF THE HOUSE,

Langford N Lawler N Lawrence N Lawson NLee
Linder Long NLord Lucas N Lupton Y Mangum N Martin N McCoy N McDonald N McKelvey N McKinney Y Meadows
Milam N Milford

N Mobley Y Moody Y Moore Y Morton N Mostiler N Moultrie N Mueller
N Oliver.C N Oliver.M N Orrock N Padgett N Pannell Y Parham Y Parrish
Patten
Y Peters Pettit
N Phillips N Pinkston

N Pittman Y Porter Y Powell
Prichard Y Rainey N Ramsey.T N Ramsey.V
Randall N Ransom YRay Y Reaves N Redding N Richardson Y Ricketson N Robinson N Royal Y Selman Y Shepard Y Sherrod

N Simpson N Sinkfield Y Sizemore
Y Smith.L N Smith.P N Smith.T
N Smith.W NSmyre N Snow N Stancil N Stanley N Steinberg N Stephens
N Thomas.C N Thomas.M N Thompson N Thurmond
N Tolbert N Townsend

On the adoption of the amendment, the ayes were 51, nays 108. The amendment was lost.

Y Triplett Y Twiggs
N Waddle N Waldrep N Walker.C
N Walker,L N Wall
NWare N Watson N Watts
White N Wilder
Williams ,B Williams,J N Wilson N Wood N Workman
N Yeargin Murphy.Spkr

The following amendment was read and adopted:
Representative Smyre of the 92nd moves to amend the Floor substitute to HB 1339 as follows:
By adding a definition of "homeless" to Section 1, 8-3-301.
(8) "Homeless" means persons and families who have no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent and affordable.".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substi tute, 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 N Athon Y Atkins Y Bailey
Balkcom N Bannister
Bargeron Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick N Branch Y Brooks Y Brown YBuck N Buford YByrd

Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L Y Colbert N Coleman
Colwell Y Connell
Y Couch YCox
Y Crawford Crosby
Y Cummings.B Y Cummings.M Y Davis.G N Davis.M Y Diion
N Dobbs N Dover
Y Dunn Y Edwards

Y Felton
Y Floyd Foster
Y Galer
Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham
Griffin Y Groover Y Hamilton
Y Hanner N Harris
Hasty 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 Langford
Y Lawler Y Lawrence Y Lawson YLee
Linder
YLong YLord
Lucas
Y Lupton N Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford

Y Mobley Y Moody
N Moore N Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham N Parrish
Patten
Y Peters Pettit
Y Phillips Y Pinkston
Y Pittman Y Porter Y Powell
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V

THURSDAY, FEBRUARY 18, 1988

1233

Randall Y Ransom
YRay N Reaves Y Redding
Y Richardson Y Ricketson Y Robinson 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 Tolbert

Y Townsend N Triplett N 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 Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1415. By Representative Crosby of the 150th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia 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 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 Bamett,B Y Barnett,M YBeck Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Y Clark,L Y Colbert

Y Coleman
Colwell Y Connell
Couch YCox
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,G N Davis.M Y Dixon
Y Dobbs Y Dover YDunn Y Edwards
Felton Y Floyd Y Foster YGaler
Y Godbee Y Goodwin
Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty 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 N Kingston Y Lane,D Y Lane.R
Langford Y Lawler
N Lawrence Y Lawson YLee
Linder
Long YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Y Moore N Morton

Y Mostiler
Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Y 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 Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson 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
Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Tolbert 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
Williams.B Williams ,J Y Wilson YWood Y Workman Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 4. The Bill, having received the requisite constitutional majority, was passed.

1234

JOURNAL OF THE HOUSE,

HB 1694.

By Representatives Birdsong of the 104th and Waldrep of the 80th:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Anno tated, relating to seasons and bag limits, so as to provide that the Depart ment of Natural Resources shall report annually to the General Assembly the number of deer killed in a season.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to provide that the Department of Natural Resources shall report annually to the General Assembly the estimated and actual number of deer killed in a season; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, is amended by adding a new subsection (g) to read as follows:
"(g) (1) The department shall report to the General Assembly on or before the fifth day of February of each year the estimated number of deer killed, by sex, in the immediately preceding season.
(2) Upon completion of its annual analysis of data from the immediately preceding season, the department shall report to the General Assembly on the same day that it reports to the Board of Natural Resources each year the actual number of deer killed, by sex, in the immediately preceding season."
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 YAdams,M
Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Balkcom
Y Bannister Bargeron Barnett.B
Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Brooks Brown
YBuck
Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance

Y Cheeks
Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell Couch
Y Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton YFloyd
Y Foster Galer
Y Godbee Y Goodwin
Green Y Greene

Y Greer
Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris
Hasty
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
Y Lawler Y Lawrence Y Lawson Y Lee

Linder
Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Motion Y Mostiler
Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters

Y Pettit
Y Phillips Pinkston
Pittman Y 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 Y Royal Y Selman
Shepard
Y Sherrod Y Simpson Y Sinkfleld
Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smith,W Y Smyre

THURSDAY, FEBRUARY 18, 1988

1235

YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C

Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett

Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall

YWare Y Watson
Y Watts White
Y Wilder Williams.B

Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1333.

By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1333 by adding on line 16 of page 2 after the word "than" the following:
"90 percent of.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G
Y Adams.M N Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter N Chain bless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford Y Crosby
Y Cummings.B Y Cummings.M Y Davis.G
Davis.M Y Dixon Y Dobbs
Y Dover Dunn
Y Edwards Y Felton Y Floyd
Foster Y Galer
Godbee Y Goodwin
Green
Y Greene Y Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Hasty Y Heard Y Hensley
Y Herbert Y Holcomb

Y Holmes
Y Hooks Y Hudson Y Isakson Y JacksonJ
Y Jaclt8on,W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston
YLane.D Y Lane,R
Langford Y Lawler N Lawrence Y Lawson YLee
Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman 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 Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker,L Y Wall YWare Y Watson
Y Watts White
N Wilder Williams,B Williams.J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

1236

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 146, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1748.

By Representatives Ware of the 77th and Lawson of the 9th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the regulation of longterm care insurance policies; to provide a statement of legislative purpose.

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
Balkcom Y Bannister
Bargeron Barnett,B Y Barnett,M YBeck Y Benefleld Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Clark.H Y Clark.L
Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings,B Y Cummings.M 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
Green
Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Hasty 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 Y Lawrence Y Lawson
YLee Linder
YLong YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody Y Moore
Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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 Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson Y Ricketson 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 YSmyre YSnow
Y Stand! Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M
Y Thompson Y Thurmond Y Tolbert 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
Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SR 296. By Senator Coverdell of the 40th:
A resolution relative to preserving the apartment house home of Margaret Mitchell where the world famous novel "Gone With the Wind" was written.

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:

THURSDAY, FEBRUARY 18, 1988

1237

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balk com Y Bannister Y Bargeron
Barnett,B Y Barnett,M YBeck Y Benefield
Benn
Y Birdsong Y Bishop
Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Clark.H Y Clark.L Y Colbert

Y Coleman Colwell
Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover YDunn 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
Manner Y Harris
Hasty 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 YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M 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
Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond
Y Tolbert 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 Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 783. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.

The following amendment was read and adopted:

The Committee on Health & Ecology moves to amend HR 783 by striking from lines 14 through 16 of page 1 the following:
"the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents",
and inserting in lieu thereof the following:
"the Romeo Diprima Center, Building 403; the Mildred Knight Prevocational Center for the Developmentally Disabled, Building 807; and the Ellis Hale Training and Treat ment Center for Adolescents, Building 809".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

1238

JOURNAL OF THE HOUSE,

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
Alford Alien Y Athon Y Atkins Y Bailey Balkcom N Bannister
Bargeron Barnett.B N Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert

Y Coleman
Y Colwell Y Connell N Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee N Goodwin
Green
Y Greene Y Greer N Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty 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 YLane,D
Y Lane,R Langford
Y Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Mueller
Y Oliver.C Y 01iver,M 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
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C
Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts
White Y Wilder
Williams.B Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 143, nays 7.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Couch of the 40th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.

Representative McDonald of the 12th moved that the House adhere to its position in amending SB 475 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

THURSDAY, FEBRUARY 18, 1988

1239

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Lee of the 72nd, Walker of the 115th and McDonald of the 12th.

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.

1240

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 19, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Adams,M Aiken Alford Alien Athon Atkins Bailey Balkcom Bannister
Bargeron
Barnett,B
Barnett.M Beck Benefield
Benn Birdsong
Bishop Bostick
Branch Brooks
Brown Buck
Buford Byrd Carrell Carter
Chambless Chance Cheeks Childers Clark,B

Clark,H Clark,L
Colbert Coleman Colwell
Connell Couch
Cox Crawford
Crosby Cummings,B Davis.G Davis.M Dixon Dobbs Dover Dunn Edwards Floyd Foster Galer Godbee Green Greene Greer Gresham
Griffin
Groover Hamilton Hanner Harris
Hasty

Heard Hensley Herbert
Holcomb
Holmes Hooks Hudson Isakson
Jackson,J Jackson.W Jamieson Johnson,D Johnson,R Kilgore Kingston Lane.D Lane.R Langford Lawler Lawrence Lawson Lee Linder Long
Lord
Lucas Lupton Mangum Martin McCoy McDonald McKelvey

Meadows Milam Milford
Mobley
Moody Moore Morton Mostiler
Moultrie Mueller Oliver.C
Oliver.M Orrock Padgett Parrish Patten Peters Pettit Phillips Pittman Porter Powell Prichard Rainey Ramsey.T Ramsey.V Ray Reaves Richardson Ricketson Robinson Royal

Shepard Sherrod Sinkfield Sizemore Smith.L Smith.P Smith.W Smyre Snow Stancil Stanley Steinberg Stephens Thomas.M Thompson Thurmond Tolbert Townsend Twiggs
Waddle
Waldrep
Wall
Watson
Watts
Wilder
Williams.B
Williams,J
Wilson
Workman
Yeargin
Murphy.Spkr

Prayer was offered by the Reverend W. Herman Ross, Sr., Pastor, New Hope Baptist Church, Valdosta, 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.

FRIDAY, FEBRUARY 19, 1988

1241

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 1799. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a countywide basis; to provide that such chairman shall be the chief executive officer of the county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1800. By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to provide for the continuation of the governing body of the city; to change certain designations and references; to provide for the election of the councilpersons of the City of Comer from council districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1801. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to change the provisions relating to jurisdiction; to change the provisions relating to the qualifications of the judge and solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1802. By Representatives Isakson of the 21st and Colbert of the 23rd:
A bill to amend Code Section 28-5-42 of the Official Code of Georgia Anno tated, relating to the introduction of bills having significant impact upon anticipated revenues or expenditures and fiscal notes, so as to require as part of a fiscal note an explanation of the impact of a bill on the taxpayers of this state.
Referred to the Committee on Rules.

HB 1803. By Representative Adams of the 79th:
A bill to create and establish an airport authority in and for the County of Upson and City of Thomaston.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1804. By Representatives Connell of the 87th, Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Groover of the 99th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, known as the "Ethics in Government Act," so as to change certain provisions relating to reporting dates with respect to financial disclosure statements of public officers and candidates for public office; to change cer tain provisions relating to periods of time covered by such financial disclo sure statements.
Referred to the Committee on Rules.

1242

JOURNAL OF THE HOUSE,

HB 1805. By Representative Parrish of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to change the compensation of the secretary of the solicitor of that court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1806. By Representatives Ray of the 98th, Reaves of the 147th, Sherrod of the 143rd, Royal of the 144th and Carrell of the 65th:
A bill to amend Code Section 4-3-10 of the Official Code of Georgia Anno tated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such fees.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1807. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Rockdale County during desig nated periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1808. By Representatives Clark of the 20th, Isakson of the 21st, Atkins of the 21st, Gresham of the 21st, Wilder of the 21st and others:
A bill to provide a $10,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city; to provide for defini tions; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for effectiveness; to provide for a referendum and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1809. By Representative Edwards of the 112th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Marion County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1810. By Representative Edwards of the 112th:
A bill to provide a new charter for the City of Butler; to provide for the 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.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 19, 1988

1243

HB 1811. 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 reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said city; to prescribe the corporate limits of said city; to enumerate the corporate powers of the city; to provide for the preser vation of ordinances, bylaws, rules, and regulations; to provide for the offi cials of said city and their selection, oath, compensation, powers, duties, and terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1812. 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 Jonesboro, so as to provide a method of filling vacancies in the office of mayor or council man.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1813. By Representative Edwards of the 112th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide that the sale of food and food related supplies used by senior citizens centers funded by area agencies on aging shall be exempt from sales and use taxa tion.
Referred to the Committee on Ways & Means.

HB 1814. 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 establish a homestead exemption from city ad valorem taxes for residents of the City of Riverdale, Georgia, who are 65 years of age or over and who own and occupy their residences if the gross income of said resi dents, together with the gross income of their spouses, does not exceed $4,000.00 for the immediately preceding taxable year; to provide for a refer endum.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1815. By Representatives Barnett of the 59th, Wall of the 61st, Pittman of the 60th, Bannister of the 62nd, Wood of the 9th and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to create a new board of commissioners of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1816. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

1244

JOURNAL OF THE HOUSE,

HR 840. By Representatives Selman of the 32nd, Richardson of the 52nd, Moultrie of the 93rd, Aaron of the 56th and Athon of the 57th:
A resolution creating the House Nursing Home Industry Study Committee.
Referred to the Committee on Rules.

HR 841. By Representative Edwards of the 112th:
A resolution creating a method whereby all vehicles purchased under UMTA 16(B)2 program and used by nonprofit agencies statewide for transportation of the most needy elderly and handicapped may be eligible for state insur ance and exemption from ad valorem taxes.
Referred to the Committee on Insurance.

HR 842. By Representative Byrd of the 153rd:
A resolution proposing an amendment to the Constitution so as to provide that cases in which modification of alimony or child support is sought shall be tried in the county where the defendant resides or in the county where the divorce was granted.
Referred to the Committee on Judiciary.

HR 843. By Representative Lawler of the 20th:
A resolution authorizing and directing the State Board of Postsecondary Vocational Education to create and provide programs to train and certify nursing home assistants; to provide requirements for such programs; to authorize the expenditure of funds for such purpose.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1773 HB 1774 HB 1775 HB 1776 HB 1777 HB 1778
HB 1780
HnoR 1i7/o8J1.
HB 1783 HHBB 11778845 HB 1786
HB 1787
HB 1788 HB 1789
HB 1790 HB 1791
HB 1792

HB 1793
HB 1794 HB 1795 HB 1796
HB 1797 HB 1798

TJR

QOO

HR 89Q

TJD QQI

TM SB f5.1\3

bB 5<37

SB 611

SB 618

SB 629

SB 630

SB 643

SR 245

Representative Mangum of the 57th District, Chairman of the Committee on Edu cation, submitted the following report:

FRIDAY, FEBRUARY 19, 1988

1245

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1404 Do Pass, by Substitute HB 1692 Do Pass SR 270 Do Pass
Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Patten of the 149th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1786 Do Pass
Respectfully submitted, Is/ Patten of the 149th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 792 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 668 Do Pass, by Substitute HB 1250 Do Pass

SB 99 Do Pass, by Substitute SB 563 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

1246

JOURNAL OF THE HOUSE,

Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1779 Do Pass
Respectfully submitted, /s/ Johnson of the 72nd
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recom mendation:
HB 40 Do Not Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1689 Do Pass HR 756 Do Pass HR 799 Do Pass

SR 277 Do Pass SR 278 Do Pass SR 282 Do Pass

Respectfully submitted, /s/ Colwell of the 4th
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1749 Do Pass HB 1751 Do Pass HB 1757 Do Pass

HB 1758 Do Pass HB 1759 Do Pass HB 1760 Do Pass

FRIDAY, FEBRUARY 19, 1988

1247

HB 1761 Do Pass, by Substitute HB 1762 Do Pass HB 1767 Do Pass

HB 1771 Do Pass HB 1736 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 337 Do Pass, by Substitute HB 1130 Do Pass SB 485 Do Pass
Respectfully submitted, /s/ Wilson of the 20th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 19, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 29th Legislative Day as enumerated below:
HB 1563 Hazardous Waste: Board of Natural Resources: Powers HB 1565 Selling and Trade Practices: Sale of Business Opportunities HB 1566 Investment Advisory Business: Regulate HB 1594 Abandoned Cemeteries: Counties to Maintain HB 1611 Fish: American Shad or Hickory Shad: Limits HB 1612 Code of Ga.: References to Illegitimate or Bastard: Amend HB 1657 Business License: Levy by County: Criteria for Assessment HB 1660 DUI: Blood Alcohol Content: Amend HB 1662 Hazing: Prohibit HB 1700 State Patrol: Service at Certain Auto Racing Events HB 1731 Supreme Court/Court of Appeals: Reports: Definition HB 1732 Local Gov't: Interment of Deceased Ind.: Payment
HR 794 B. T. Parks Memorial Bridge: Designate HR 800 Benjamin M. Garfunkel Bridge: Designate
SB 419 Attorney General: Commissions, Etc.: Remove From Membership SB 432 Council of State Court Judges of Ga.: Create
SR 247 Certain Comm.: Remove Atty. General From Membership-CA
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

1248

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House were taken up for consider ation and read the third time:

HB 1736.

By Representatives Triplett of the 128th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the provisions relative to the election of the 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 1749. By Representative Chance of the 129th:
A bill to amend an Act creating a new charter for the City of Springfield, 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 1751. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating and establishing a charter for the City of Dalton, so as to provide express legislative authority for the conveyance of certain city owned property located in the City of Dalton, Whitfield County, Georgia to Whitfield 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 1757. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, so as to change the compensation of the judge and solicitor of such court; to provide for certain cost-of-living increases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1758.

By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees.

FRIDAY, FEBRUARY 19, 1988

1249

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1759. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1760.

By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1761.

By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved February 2, 1943 (Ga. L. 1943, p. 839), an Act approved March 21, 1970 (Ga. L. 1970, p. 3293), an Act approved April 3, 1972 (Ga. L. 1972, p. 3492), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4491), so as to change the compensation of the tax commissioner; to change the compensation of the assistants of the tax commissioner; to provide for parttime clerical employees; to provide for related matters; 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 office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved February 2, 1943 (Ga. L. 1943, p. 839), an Act approved March 21, 1970 (Ga. L. 1970, p. 3293), an Act approved April 3, 1972 (Ga. L. 1972, p. 3492), and an Act

1250

JOURNAL OF THE HOUSE,

approved March 19, 1987 (Ga. L. 1987, p. 4491), is amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows:
"Section 4. On and after January 1, 1989, the tax commissioner of Bulloch County shall diligently and faithfully undertake to collect as county funds all fees, fines, forfei tures, commissions, costs, allowances, penalties, funds, moneys, and other emoluments and perquisites which were formerly allowed to the tax commissioner as compensation for the tax commissioner's services; and the tax commissioner shall receive and hold the same in trust for the county as county funds and shall pay the same into the county treasury at the times required by Code Section 48-5-141 of the O.C.G.A. This section shall apply with respect to all amounts received or collected by the tax commissioner on or after January 1, 1989, notwithstanding the fact that such amounts may relate to a prior tax year or other prior period of time. Not later than January 15, 1989, the tax commissioner shall provide the county governing authority with a sworn, full, and com plete accounting for all amounts received by the tax commissioner as compensation during calendar year 1988."
Section 2. Said Act is further amended by striking in its entirety Section 8 and inserting in its place a new Section 8 to read as follows:
"Section 8. The tax commissioner shall be compensated by an annual salary of $29,600.00 per annum, payable in equal monthly installments from funds of Bulloch County. This annual salary shall be the sole and exclusive compensation of the tax commissioner, with the single exception of the $2,400.00 annual allowance under subsec tion (g) of Code Section 48-5-137 of the O.C.G.A. for service as ex officio sheriff."
Section 3. Said Act is further amended by striking Section 8A in its entirety and inserting in its place a new Section 8A to read as follows:
"Section 8A. The tax commissioner is authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $13,150.00 per annum, the second such assistant shall receive a salary not to exceed $12,250.00 per annum, and the third such assistant shall receive a salary not to exceed $11,550.00 per annum. The tax commis sioner is further authorized to employ part-time clerical employees with the approval of the board of commissioners of Bulloch County whenever the workload in the office of the tax commissioner requires additional personnel. Such salaries shall be fixed by the tax commissioner and shall be payable in equal monthly installments from the funds of Bulloch County."
Section 4. Said Act is further amended by striking in its entirety Section 14 and inserting in its place a new Section 14 to read as follows:
"Section 14. At the time of each payment into the county treasury as required by Code Section 48-5-141 of the O.C.G.A., the tax commissioner shall furnish the governing authority a sworn, full, and complete statement of all funds received during the covered period and paid into the county treasury, such statement to show the respective amounts of money collected and the source thereof."
Section 5. Section 3 of this Act, relating to compensation of assistants, shall become effective July 1, 1988. Sections 1, 2, and 4 of this Act shall become effective 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.

FRIDAY, FEBRUARY 19, 1988

1251

HB 1762. By Representatives Barnett of the 59th, Bannister of the 62nd, Pittman of the 60th, Goodwin of the 63rd and Wall of the 61st:
A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, so as to change the method of compen sating the board; to change the amount of compensation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1767. By Representatives Pittman of the 60th, Wall of the 61st, Bannister of the 62nd, Mobley of the 64th and Barnett of the 59th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city; to provide for maps and descriptions of the corporate boundaries.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1771.

By Representatives Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Isakson 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 solicitor; to change the provisions relating to the compensation of the 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.

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 645. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act" so as to clarify the purpose of this Act; to change a definition and add additional definitions; to provide for the life of the district and for procedures to extend the life of the district; to provide for a tax cap.

1252

JOURNAL OF THE HOUSE,

HB 1359.

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 description of the commis sioner districts.

HB 1652.

By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Dacula actually occupied by the owner as a residence and homestead.

HB 1653.

By Representative Wall of the 61st:
A bill to provide for a homestead exemption from municipal ad valorem taxes, except taxes levied to retire bonded indebtedness, which applies to the homestead of each resident of the City of Lawrenceville actually occupied by the owner as a residence and homestead.

HB 1654.

By Representative Mobley of the 64th:
A bill to provide that each resident of the Barrow 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 $15,000.00 per annum shall be granted an exemption from all Barrow County School District taxes not exceeding $15,000.00 of the assessed value of such person's homestead.

HB 1677.

By Representative Balkcom of the 140th:
A bill to amend an Act creating the State Court of Miller County, so as to authorize the governing authority of Miller County to appoint a qualified assistant district attorney of the Pataula Judicial Circuit to serve as the solicitor of the State Court of Miller County under certain conditions.

HB 1697. By Representative Ricketson of the 82nd:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the salary of the coroner.

HB 1709.

By Representative Branch of the 137th:
A bill to create the Ben Hill County Public School System by merging and consolidating the county school system of Ben Hill County and the inde pendent school system of the City of Fitzgerald; to create the board of edu cation for the Ben Hill County Public School System.

HB 1710. By Representative Sizemore of the 136th:
A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.

HB 1713. By Representative Phillips of the 120th:
A bill to provide for the appointment of the chief magistrate of the Magis trate Court of Montgomery County by the governing authority of Montgomery County.

FRIDAY, FEBRUARY 19, 1988

1253

SB 410. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Anno tated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that a perma nent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination.
SB 588. By Senators Foster of the 50th, Barnes of the 33rd and Deal of the 49th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Program task force; to provide for other matters relative to the foregoing.

SB 604. By Senator Harrison of the 37th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group acci dent and sickness insurance, so as to require coverage for human heart trans plants and related expenses to be offered as part of or as an optional endorsement to individual or group benefit plans, policies, or contracts of accident and sickness insurance.

SB 612. By Senators Brannon of the 51st, Harrison of the 37th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.

SB 625. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to dates of primaries and elections and terms of offices, so as to change certain provisions relating to terms of office of municipal officers elected in 1990; to provide for the extension of the terms of office of certain municipal officers elected in 1986.

SB 635. By Senator Stumbaugh of the 55th:
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 captive insurance companies; to provide for legislative intent; to define certain terms; to authorize the transaction of certain kinds of insur ance by captive insurance companies.

SB 638. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school sys tems; to provide a statement of purpose; to define a term; to provide mini mum standards for grievance procedures implemented by local boards of education.

1254

JOURNAL OF THE HOUSE,

HB 719. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-60 of the Official Code of Georgia Anno tated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, so as to increase the allocation from each such fine collected and bonds forfeited.

HB 1335.

By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs.

HB 1321.

By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Anno tated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to cor rect certain references.

HB 1467.

By Representative Jackson of the 9th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change provisions relating to the suspension of a driver's license for the fail ure to respond to a citation; to add to the list of offenses for which a proba tionary licensee may have the license revoked.

HB 1675.

By Representative Murphy of the 18th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Anno tated, relating to the election, qualification, commissioning, and removal of county surveyors, so as to change the application of certain qualifications for county surveyors.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1511.

By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Secur ity Act.

HB 1468.

By Representative Jackson of the 9th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate all-terrain vehicles on any public road.

FRIDAY, FEBRUARY 19, 1988

1255

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 298. By Senators Foster of the 50th and Deal of the 49th:
A resolution encouraging the Professional Practices Commission to create and adopt a code of ethics for the education profession.

The Senate insists on its substitute to the following Bill of the House:

HB 1495. By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drink ing age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.

The Senate insists on its amendment to the following Bill of the House:

HB 218. By Representatives Alford of the 57th, Watson of the 114th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977", so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" systems directly from subscribers of telephone service.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 410. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Anno tated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that a perma nent status employee shall not be dismissed from employment or otherwise adversely affected as to compensation or employment status for refusing to take a polygraph examination.
Referred to the Committee on Governmental Affairs.

SB 588. By Senators Foster of the 50th, Barnes of the 33rd and Deal of the 49th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to change the provisions relating to the Quality Basic Education Program task force; to provide for other matters relative to the foregoing.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

SB 604. By Senator Harrison of the 37th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group acci dent and sickness insurance, so as to require coverage for human heart trans plants and related expenses to be offered as part of or as an optional endorsement to individual or group benefit plans, policies, or contracts of accident and sickness insurance.
Referred to the Committee on Insurance.

SB 612. By Senators Brannon of the 51st, Harrison of the 37th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.
Referred to the Committee on Judiciary.

SB 625. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to dates of primaries and elections and terms of offices, so as to change certain provisions relating to terms of office of municipal officers elected in 1990; to provide for the extension of the terms of office of certain municipal officers elected in 1986.
Referred to the Committee on Governmental Affairs.

SB 635. By Senator Stumbaugh of the 55th:
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 captive insurance companies; to provide for legislative intent; to define certain terms; to authorize the transaction of certain kinds of insur ance by captive insurance companies.
Referred to the Committee on Insurance.

SB 638. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certificated personnel of local school sys tems; to provide a statement of purpose; to define a term; to provide mini mum standards for grievance procedures implemented by local boards of education.
Referred to the Committee on Education.

SB 645. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act" so as to clarify the purpose of this Act; to change a definition and add additional definitions; to provide for the life of the district and for procedures to extend the life of the district; to provide for a tax cap.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 19, 1988

1257

SR 298. By Senators Foster of the 50th and Deal of the 49th:
A resolution encouraging the Professional Practices Commission to create and adopt a code of ethics for the education profession.
Referred to the Committee on Education.

The following Resolution of the House was read and adopted:

HR 836. By Representative Carter of the 146th: A resolution commending the Cook High School wrestling team.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 837. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd:
A resolution inviting Mr. William Jackson Tubb to appear before the House of Representatives.

The following Resolution of the House was read and adopted:

HR 838. By Representative Brooks of the 34th:
A resolution honoring Mayor Emma Gresham, the city council, and the citi zens of Keysville, Georgia.

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 1563. By Representatives Coleman of the 118th, Alford of the 57th, Crawford of the 5th, Heard of the 43rd, Carter of the 146th and others:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and duties of the director of the Environmental Protection Division as to hazardous waste generally.

The following amendment was read and adopted:

The Committee on Natural Resources and Environment moves to amend HB 1563 by striking on Page 13, Line 28, the word "a" and inserting in lieu thereof the word "any".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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JOURNAL OF THE HOUSE,

HB 1611.

By Representatives Moody of the 153rd and Rainey of the 135th:
A bill to amend Code Section 27-4-10 of the Official Code of Georgia Anno tated, relating to creel and possession limits, so as to change certain provi sions regarding limits applicable to American shad or Hickory shad.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regarding limits applicable to American shad or Hickory shad; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, is amended by adding a new paragraph immediately follow ing paragraph (11), to be designated paragraph (11.1), to read as follows:
"(11.1) (A) Notwithstanding the provisions of paragraph (11) of this Code section to the contrary, two of any one or a combination of the following species if taken from the Ogeechee River:
(i) American shad; (ii) Hickory shad; (B) This paragraph shall stand repealed in its entirety on July 1, 1995;".
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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1700.

By Representatives Colwell of the 4th and McDonald of the 12th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Anno tated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, as said Code section was amended by Senate Bill 417 adopted at the 1988 regular session of the General Assembly, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide services to promote and protect the public safety at certain automobile racing events.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M

Y Aiken
Y Alford Y Alien

Y Athon
Y Atkins Y Bailey

Y Balkcom
Y Bannister Y Bargeron

Y Barnett,B
Y Barnett.M Y Beck

FRIDAY, FEBRUARY 19, 1988

1259

Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L Colbert Coleman Y Colwell Y Connell Y Couch YCox Crawford
Y Crosby Y Cummings.B
Cummings,M Y Davis.G
Davis.M Y Dixon

YDobbs Y Dover Y 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 Y Hamilton
Hanner Y Harris
Y Hasty Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson
Y Jackson,J 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
Lee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody
Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock

Y Padgett Pannell Parham
Y Parrish
Y Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey
Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
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 Y Thompson Y Thurmond Y Tolbert Y Townsend
Triplett
YTwiggs Waddle
Y Waldrep Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts
White
Y Wilder Y Williams,B
Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was

HB 1612. By Representative Richardson of the 52nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6; Code Section 34-9-13; Title 49; Code Section 51-4-2; and Title 53, so as to delete therefrom the words "ille gitimate" and "bastard" and derivations of either and substitute words relat ing to being born out of wedlock.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 839. By Representative Shepard of the 71st:
A resolution commending Mr. Robert R. Grubbs and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

HB 1594.

By Representatives Aiken of the 21st, Clark of the 20th and Atkins of the 21st:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve and pro tect abandoned cemeteries; 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 relating to counties, is amended by adding at the end thereof a new Code Section 36-1-23 to read as follows:
"36-1-23. (a) Counties are authorized to preserve and protect any cemetery which the county determines has been abandoned or is not being maintained and to expend public money in connection therewith.
(b) As used in this Code section, the term 'preserve and protect' means to keep safe from destruction, peril, or other adversity and may include, but is not limited to, the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery and so as to aid in the preservation and protection of such aban doned cemetery."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Colbert of the 23rd moves to amend the Committee substitute to HB 1594 as follows:
By striking on Line 18 the words "but is not limited to".

Representative Porter of the 119th moves to amend the Committee substitute to HB 1594 as follows:
After "counties" add on Page 1, Line 11, "or municipalities", and on Line 12 after "county" add "or municipality".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
YAdams.M Y Aiken Y Alford Y Alien Y Athon

Y Atkins Y Bailey
N Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M

Y Beck Y Benefield
Y Benn Birdsong
Y Bishop Y Bostick Y Branch

Y Brooks Brown
Y Buck Y Buford Y Byrd Y Carrell Y Carter

Chambless Y Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L

FRIDAY, FEBRUARY 19, 1988

1261

Y Colbert Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawford
Y Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
YDunn Y Edwards
Felton Y Floyd Y Foster YGaler N Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover

Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Hensley
Y Herbert Y Hoicomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson.D N 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 Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey
McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody
Moore Y Morton Y Mostiler N Moultrie Y Mueller
Y Oliver.C Oliver.M
Y Orrock
Y Padgett Y Pannell
Par ham Parrish
Y Patten Y Peters Y Pettit Y Phillips

Pinkston Y Pittman Y Porter
Y Powell Prichard
Y Rainey
Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware
Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker Pro Tern assumed the Chair.

HB 1731.

By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term "reports" as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1565.

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 change the provi sions relating to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution companies shall be regulated in the same manner as companies which sell business opportunities.

The following amendments were read and adopted:

The Committee on Industry moves to amend HB 1565 by striking from line 23 on page 5 the following:

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JOURNAL OF THE HOUSE,

"10-12-38",
and inserting in lieu thereof the following: "16-12-38".

Representative Watson of the 114th moves to amend HB 1565 by adding at the end of line 29 on page 2, following the word "company", the following:
", in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00,".

Representatives Griffin of the 6th and Foster of the 6th move to amend HB 1565 as follows:
By striking on Line 23, Page 6, after "state.", "If you" and by striking Lines 24, 25, and 26.
And, by adding after the word "State" on Line 23, the following:
"Proper caution should be exercised before entering into this or any other contract or agreement.".
And, by renumbering accordingly.

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 116, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the Attorney General from being a member of certain commissions, committees, authorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.

The following amendment was read and adopted:

Representative Stephens of the 68th moves to amend SB 419 by striking in its entirety subsection (b) of Section 3 on lines 4 through 14 on page 43, which reads as fol lows:
"(b) Section 2 of this Act shall become effective on January 1, 1989; provided, how ever, that the provisions of this Act shall only become effective on such date upon the ratification of a certain constitutional amendment at the November, 1988 general elec tion, which amendment removes the Attorney General as a member of the commission which reviews felony indictments against certain public officials, the Georgia State Financing and Investment Commission, and the committee which prepares the official summary of all proposed constitutional amendments.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Section 2 of this Act shall become effective on January 1, 1989; provided, how ever, that the provisions of Section 2 of this Act shall only become effective on such date upon the ratification of a certain constitutional amendment at the November, 1988, general election, which amendment removes the Attorney General as a member of the

FRIDAY, FEBRUARY 19, 1988

1263

Georgia State Financing and Investment Commission and the committee which prepares the official summary of all proposed constitutional amendments."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1732.

By Representative Groover of the 99th:
A bill to amend Chapter 12 of Title 36 of the Official Code of Georgia Anno tated, relating to supervision, support, and interment of indigent persons, so as to change provisions relating to interment of deceased indigents and pay ment therefor.

The following amendment was read and adopted:

Representatives Kilgore of the 42nd and Harris of the 84th move to amend HB 1732 as follows:
By deleting on Page 1, Line 26, the figure "250.00", and substituting in its place the figure "75.00".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

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
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Branch
Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks YChilders Y Clark,B

Y Clark.H
Y Clark.L Y Colbert Y Coleman
YColwell Connell
Y Couch
Y Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M Davis.G Y Davis.M YDixon 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 Y Groover
Hamilton Y Hanner

Y Harris
Y Hasty 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
Langford Y Lawler
Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald

Y McKelvey
McKinney Y Meadows
Milam
Y Milford Y Mobley Y Moody
Y Moore Y Morion Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett
Pannell Parham Y Fairish 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
Randall Y Ransom

Y Ray
Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Smith.L Y Smith.P
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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

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JOURNAL OF THE HOUSE,

Walker.C Walker.L Y Wall

Ware Watson
Y Watts

White Y Wilder Y Williams,B

Y Williams,J Wilson
YWood

Y Workman
Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1662.

By Representatives Lawler of the 20th, Cummings of the 17th and Buck of the 95th:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to make it unlawful to endanger or denigrate another person as a precondition of joining a school organization.

The following amendment was read and adopted:

Representatives Lawler of the 20th and Walker of the 115th move to amend HB 1662 as follows:
By deleting Lines 14 through 20 on Page 1 and substituting in lieu thereof:
(1) "Haze" means to subject a student to an activity which endangers or is likely to endanger the physical health of a student, regardless of a student's willingness to participate in such activity."
and by deleting Lines 7 and 8 on Page 2 and substituting in lieu thereof:
(c) Any person who violates this Code Section shall be guilty of a misdemeanor pun ishable by a fine not to exceed $500.00. '

The following amendment was read and lost:

Representative Redding of the 50th moves to amend HB 1662 as follows:
Add Section (d) "Nothing in this Bill shall effect the activities of any Chapter of KAPPA ALPHA PSI INC., in the State of Georgia.".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M Y Aiken Y Alford Y Alien N Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett.M

Beck Y Benefield
Benn
Birdsong Y Bishop Y Bostick
Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark,H Y Clark,L
N Colbert Y Coleman N Colwell
Connell Y Couch NCox Y Crawford

Crosby
Y Cummings,B Cummings.M
Y Davis.G N Davis.M Y Dixon
Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Y Floyd Y Foster
Y Galer

Godbee
Y Goodwin N Green Y Greene YGreer
N Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty N Heard Y Hensley

FRIDAY, FEBRUARY 19, 1988

1265

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 N Kingston Y Lane.D Y Lane.R Y Langford Y Lawler
Y Lawrence Y Lawson YLee N Under
NLong

NLord Lucas
Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey Y McKinney
Meadows Y Milam
Milford Y Mobley Y Moody N Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock

Y Padgett N Pannell
Parham
Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter
Y Powell N Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall N Ransom YRay Y Reaves Y Redding Y Richardson

Y Ricketson N Robinson Y Royal
Selman N Shepard Y Sherrod
Y Simpson Y Sinkfield N Sizemore Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow N Stancil Y Stanley Y Steinberg N Stephens Y Thomas.C Y Thomas.M Y Thompson

N Thurmond Y Tolbert
Y Townsend Y Triplett N 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 Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 133, nays 23.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 794. By Representative Ramsey of the 3rd: A resolution designating the B. T. Parks Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron
Adams.G 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 Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B

Y Clark.H
Clark.L Y Colbert Y Coleman
Colwell Connell Y Couch YCox
Y Crawford Crosby
Y Cummings,B Cummings,M
Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster
YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

Y Harris
Y Hasty 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
Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald

Y McKelvey
Y McKinney Y Meadows
Y Milam Milford
Y Mobley
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell
Par ham 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 Y Reaves Y Redding
Richardson Y Ricketson
Robinson
Y Royal Selman
Y Shepard Y Sherrod
Y Simpson Y Sinkfield Y Sizemore
Smith.L Y Smith.P
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 Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

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Walker.C Walker.L Y Wall

Ware Y Watson
Y Watts

White
Y Wilder Y Williams.B

Y Williams,J Y Wilson Y Wood

Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 432. By Senator Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to state courts of counties, so as to create The Council of State Court Judges of Georgia; to provide for the council's composition; to provide for officers and an executive committee; to provide for the organiza tion and administration of the council; to provide for the responsibilities of the council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Y Barnett.B
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks N Childers Y Clark.B
Y Clark,H Y Clark,L Y Colbert

Y Coleman
Y Colwell Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn
Y Edwards Y Felton Y Floyd N Foster
YGaler Godbee
Y Goodwin Y Green Y Greene Y Greer Y Gresham N Griffin
Groover Y Hamilton
Y Manner Y Harris
Y Hasty 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 Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley
Y Moody Moore
YMorton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom
YRay Y Reaves
Redding Y Richard; in
Y Ricketson Y Robinson Y Royal
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 Y Thomas.C
Y Thomas.M Y Thompson
Y Thurmond Y Tolbert 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
WilliamsJ Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 154, nays 3. The Bill, having received the requisite constitutional majority, was passed.

SR 247. By Senators Broun of the 46th and Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to remove the Attorney General from the Georgia State Financing and Investment Commission and from the committee

FRIDAY, FEBRUARY 19, 1988

1267

which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph VII of the Constitution is amended by striking subparagraph (a) and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) There shall be a Georgia State Financing and Investment Commission. The commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General a member appointed by the Governor who shall not be the Attorney General, the director, Fiscal Division, Department of Administrative Services, or such other officer as may be desig nated by law, and the Commissioner of Agriculture. The commission shall be responsible for the issuance of all public debt and for the proper application, as provided by law, of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The commission shall be responsible for the investment of all proceeds to be administered by it and, as provided by law, the income earned on any such invest ments may be used to pay operating expenses of the commission or placed in a common debt retirement fund 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 provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 are applicable. The commission shall have such additional responsibilities, powers, and duties as are provided by law."
Section 2. Article X, Section 1 of the Constitution is amended by striking Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Proposals by the General Assembly; submission to the people. A proposal by the General Assembly to amend this Constitution or to provide for a new Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be submitted to the electors of the entire state at the next general election which is held in the evennumbered years. A summary of such proposal shall be prepared by the Attorney General an appointee of the Governor who shall not be the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the 'Constitutional Amendments Publication Board,' in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecu tive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provi sions of this Paragraph.

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If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect as provided in Paragraph VI of this arti cle. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted
as a single amendment."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed
thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to remove the Attorney General from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed con stitutional amendments and to provide for a replacement member on such bodies?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Aaron Adams.G Y Adaros.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
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Crawtord
Y Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs
Dover YDunn
Y Edwards Y Felton
Y Floyd Foster
Y Galer Godbee
Y Goodwin Y Green
Greene Y Greer
Y Gresham Griffin
Y Groover Y Hamilton Y Manner Y Harris Y Hasty 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
Langford N Lawler Y Lawrence
Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody
Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M Y Orrock Y Padgett
Y Pannell Par ham
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 Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith,L Y Smith,? Y Smith/I
Y Smith,W YSmyre YSnow Y Stancil Y Stanley Y Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Tolbert 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
WilliamsJ Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

FRIDAY, FEBRUARY 19, 1988

1269

On the adoption of the Resolution, the ayes were 154, nays 1.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

The Speaker assumed the Chair.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 1298.

By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Anno tated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a popu lation of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 1241.

By Representatives Twiggs of the 4th, Hanner of the 131st, Coleman of the 118th and Ramsey of the 3rd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to pro vide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

The President has appointed on the part of the Senate the following: Senators Timmons of the llth, Bowen of the 13th and Ray of the 19th.

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 1657.

By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Anno tated, relating to the authority of counties to levy, assess, and collect busi ness and occupational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend HB 1657 as follows: Inserting on Page 1, Line 22, after the word "any" the following: "one or combination". And, by deleting on Page 1, Line 26, after the word "employees", the word "or".

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And, by adding on Page 2, Line 1, a new paragraph (4) to read as follows: "(4) fixed fee, or" And, by renumbering the subsequent paragraph as follows: "(5)"
And, by adding a new paragraph (6) to read as follows: "Advertising a product or service shall not by itself be sufficient criteria for the pur poses of this Code Section.".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 116, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Childers of the 15th stated that he wanted to be recorded as voting "nay" on HB 1657.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:

HB 1441.

By Representatives Rainey of the 135th, Moody of the 153rd, Peters of the 2nd, Watts of the 41st, Greene of the 130th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 406. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1566. By Representatives Workman of the 51st and Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, known as the "Georgia Securities Act of 1973,"so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives.

The following Committee substitute was read:

FRIDAY, FEBRUARY 19, 1988

1271

A BILL
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to provide for the regulation of the invest ment advisory business; to provide for definitions; to provide for the registration of invest ment advisers and investment adviser representatives; to provide for exceptions; to specify the information required on registration statements; to provide for examinations and fees; to provide for registration and renewal fees; to provide for notification of registration; to provide for the refusal, denial, suspension, and revocation of registrations; to provide for annual renewal of registrations; to provide for bonds; to provide for keeping of records and accounts; to provide for examination of such records by representatives of the commis sioner; to provide for transfers of such registrations; to provide for powers and duties of the commissioner; to provide for rules and regulations; to provide for investigations and hearings; to provide for cooperation with other jurisdictions; to declare certain practices unlawful; to provide for administrative, civil, and criminal actions; to provide for penalties; to provide for civil liability; to provide for notice of opportunity for a hearing on violations of the chapter; to provide for consent to service; to provide for all matters relative to the foregoing; to provide for applicability; 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. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," is amended by striking Code Section 10-5-2, relat ing to definitions relative to regulation of the securities business, in its entirety and insert ing in lieu thereof a new Code Section 10-5-2 to read as follows:
"10-5-2. (a) As used in this chapter, the term: (1) 'Affiliate' or 'person affiliated with' means, when used with reference to a
specified person, a person who directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the person specified. Any beneficial owner of 20 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, or general partner shall prove that he in fact does not control, is not controlled by, and is not under common control with such person.
(2) 'Assignment,' with respect to an investment advisory contract, means any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or any such transfer or hypothecation of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor; provided, however, that, if an investment adviser is a partnership, no assignment of an investment advi sory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser who have only a minority interest in the business of the investment adviser or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business.
{2} (3) 'Beneficial owner' means, with regard to any securities, any person who owns the securities or who enjoys benefits substantially equivalent to ownership. A person's beneficial ownership of securities shall be deemed to include, but shall not be limited to, any securities owned by:
(A) His spouse; (B) His minor children; (C) Any revocable trust of which he is a settlor; (D) Any trust of which he, his spouse, and his minor children have an aggregate vested beneficial interest of 20 percent or more in the income or the corpus; (E) Any partnership in which he is a general partner; (F) Any corporation of which he is the beneficial owner of 20 percent or more of the outstanding voting securities or of which he is an executive officer if the cor poration has no substantial business other than investment in securities; or

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(G) Any ancestor, sibling, or lineal descendant of his who resides in his home. (3) (4) 'Commissioner* means the commissioner of securities of this state.
(4) (5) 'Control' (including 'controlling,' 'controlled by,' and 'under common control with') means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(l>) (6) 'Dealer' means every person, other than a salesman registered under this chapter, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person but does not include a bank or trust company, or any person insofar as such person buys or sells securities for his own account, either individually or in some fiduciary capacity, other than as a part of a regular business, and does not include any general partner, or executive officer of any general partner, of an issuer or executive officer of an issuer offering or selling securi ties of such issuer unless he is paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this subsection paragraph.
(6) (7) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice-president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
(8) 'Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. Investment adviser shall also include any person who holds himself out as a 'financial planner' or 'investment adviser.' Unless they hold themselves out as such, the term 'investment adviser' does not include (i) an investment adviser representative; (ii) a lawyer, accountant, engi neer, or teacher whose performance of investment advisory services is solely incidental to the practice of his profession; (iii) a securities dealer or his agent whose perfor mance of these services is solely incidental to the conduct of his business as a securi ties dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publi cation or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this para graph, as the commissioner may designate by rule or order. The term 'investment adviser' also does not include the following unless they hold themselves out as 'finan cial planners': a bank; a bank holding company as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any employees of such entities.
(9) 'Investment adviser representative' means any individual, other than an invest ment adviser, who is a partner, officer, or director (or a person occupying a similar status or performing similar functions) of an investment adviser or any other indi vidual who, on behalf of an investment adviser, engages in the business of advising others as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities.
(7) (10) 'Issuer' means every person who issues or proposes to issue any security, except that, with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons perform ing similar functions) or of the fixed, restricted management, or unit type, the term 'issuer' means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or

FRIDAY, FEBRUARY 19, 1988

1273

instrument under which such securities are issued; except that, in the case of an unin corporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity; except that, with respect to equipment-trust certificates or like securities, the term 'issuer' means the person by whom the equipment or property is or is to be used; and except that, with respect to fractional undivided interests in oil, gas, or other mineral rights, the term 'issuer' means the owner of any such right or of any interest in such right (whether whole or fractional) who creates fractional interests therein for the purpose of public offering.
{8} (11) 'Limited dealer' means a dealer who is authorized under this chapter to act as a dealer only with respect to a certain issue of or a certain class or type of securities specified by the commissioner.
{9} (12) 'Limited salesman' means a salesman who is authorized under this chapter to sell or offer for sale only a certain issue of or a certain class or type of securities specified by the commissioner. A limited salesman may be authorized to sell or offer for sale securities of one or more issuers either concurrently or successively, provided such issuers are affiliates and provided, further, that one of such issuers shall enter into and file with the commissioner a written agreement which shall provide that such issuer shall be primarily responsible for supervising the limited salesman and shall assume all duties, responsibilities, and liabilities imposed by this chapter for the securities transactions of the limited salesman to the same extent as if the limited salesman were only registered with respect to such issuer. Nothing in such agreement shall relieve any issuer on whose behalf the limited salesman is acting of the responsi bilities imposed upon such issuer by this chapter for the securities transactions of the limited salesman.
fW) (13) 'Majority owned subsidiary' means a subsidiary more than 50 percent of whose outstanding securities representing the right, other than as affected by events of default, to vote for the election of directors is owned by the subsidiary's parent, by one or more of the parent's other majority owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majority owned subsidiaries.
(H) (14) 'Parent' means, when used with reference to a specified person, an affili ate controlling such person directly, or indirectly through one or more intermediaries.
(i2> (15) 'Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, or any unincorporated organization.
(i3) (16) 'Prospectus' means any prospectus, notice, circular, advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security, except that:
(A) A confirmation of the sale of a security which is sent or given after the effec tive date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written pro spectus, meeting the requirements of paragraph (3) of subsection (b), paragraph (3) of subsection (e), or paragraph (4) of subsection (f) of Code Section 10-5-5 as appro priate to form of registration under this chapter, at the time of such confirmation, was sent or given to the person to whom the confirmation was sent or given; and
(B) A notice, circular, advertisement, sales literature, letter, or communication in respect of a security shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of paragraph (3) of subsection (b), paragraph (3) of subsection (e), or paragraph (4) of subsection (f) of Code Section 10-5-5 may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and contain such other information as the commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit.
{14} (17) 'Sale' or 'sell' means and shall include every contract of sale or disposition of a security or interest in a security for value. The term 'offer to sell,' 'offer for sale,'

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or 'offer' shall include every attempt or offer to dispose of or solicitation of an offer to buy a security or interest in a security for value. The terms defined in this subsec tion paragraph shall not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer or any person on whose behalf an offering is to be made. Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. The issue or transfer of a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other security; but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall
be deemed a sale of such other security. {W} (18) 'Salesman' means an individual, other than a dealer or a limited dealer
registered under this chapter, employed or appointed or authorized by a dealer, limited dealer, or by an issuer to sell securities in this state. The general partners or executive officers of a dealer or a limited dealer engaged in the offer or sale of securi ties and any general partners of an issuer or executive officers of any general partner of an issuer or executive officers of an issuer offering or selling securities of such issuer shall not be deemed to be salesmen within the meaning of this definition unless they are paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this subsection paragraph.
d) (19) 'Security' means any note, stock, treasury stock, bond, debenture, evi dence of indebtedness, certificate of indebtedness, investment certificate, certificate of interest or participation in any profit-sharing agreement, certificate of interest in oil, gas, or other mineral rights, collateral trust certificates, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, limited partnership interest, or beneficial interest in profits or earnings, or any other instru ment commonly known as a security, including any certificate of interest or participa tion in, temporary or interim certificate for, receipt for, guaranty of, or warrant or right to subscribe to or purchase, any of the foregoing. The term 'investment contract' shall include but is not limited to an investment which holds out the possibility of return on risk capital even though the investor's efforts are necessary to receive such return if:
(A) Such return is dependent upon essential managerial or sales efforts of the issuer or its affiliates; and
(B) One of the inducements to invest is the promise of promotional or sales efforts of the issuer or its affiliates in the investor's behalf; and
(C) The investor shall thereby acquire the right to earn a commission or other compensation from sales of rights to sell goods, services, or other investment con tracts of the issuer or its affiliates. 'Security' shall not mean any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period nor any variable annuity contract as provided for and regulated under Title 33 and issued by a life insurance company licensed to do business in the State of Georgia nor shall it mean any interest in a residential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income
derived from the rental of units owned by others. (W) (20) 'Securities of the same class' means: (A) All common stock of an issuer, regardless of varying series or designations, and all securities convertible into common stock or conferring the right to acquire common stock; or

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(B) All preferred stock of an issuer, regardless of varying preferences, series, or designations, and all securities convertible into preferred stock or conferring the right to acquire preferred stock. {IS} (21) 'Significant subsidiary' means a subsidiary meeting any one of the follow ing conditions:
(A) The assets of the subsidiary or the investments in and advances to the sub sidiary by its parent and the parent's other subsidiaries, if any, exceed 10 percent of the assets of the parent and its subsidiaries on a consolidated basis.
(B) The sales and operating revenues of the subsidiary exceed 10 percent of the sales and operating revenues of its parent and the parent's subsidiaries on a consoli dated basis.
(C) The subsidiary is the parent of one or more subsidiaries and, together with such subsidiaries, would, if considered in the aggregate, constitute a significant sub sidiary. {19} (22) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands. {20} (23) 'Subsidiary' means, when used with reference to a specified person, an affiliate controlled by such person, directly or indirectly, through one or more intermediaries. {31} (24) 'Underwriter' means any person who has purchased from an issuer or an affiliate of an issuer with a view to or offers or sells for an issuer or an affiliate of an issuer in connection with the distribution of any security or participates or has a direct or indirect participation in any such undertaking or participates or has a parti cipation in the direct or indirect underwriting of any such undertaking; provided, how ever, that a person shall be presumed not to be an underwriter with respect to any securities which he has owned beneficially for at least one year; and provided, further, that a dealer shall not be considered an underwriter with respect to any securities which do not represent part of an unsold allotment to or subscription by the dealer as a participant in the distribution of such securities by the issuer or an affiliate of the issuer; provided, further, that, in the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person shall include the period during which the convertible security was beneficially owned and the period during which the security acquired on conversion has been beneficially owned, (b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to this chapter."
Section 2. Said chapter is further amended by striking Code Section 10-5-3, relating to registration of securities dealers and salesmen, in its entirety and inserting in lieu thereof a new Code Section 10-5-3 to read as follows:
"10-5-3. (a) No dealer, limited dealer, salesman, or limited salesman, as defined by this chapter, shall offer for sale or sell any securities within or from this state, except in transactions exempt under paragraph (1), (2), (6), (7), (8), (9), (11), or (12) of Code Section 10-5-9, unless he is a registered dealer, limited dealer, salesman, or limited sales man pursuant to this Code section; provided, however, that a real estate broker or sales man licensed to sell real estate in this state shall not be required to register as a dealer or a limited dealer or as a salesman or a limited salesman under this chapter in connec tion with a sale by him of a security consisting of any interest in a residential unit and any rental management arrangement relating thereto. No investment adviser or invest ment adviser representative, as defined by this chapter, shall transact business within or from this state unless he is a registered investment adviser or investment adviser representative pursuant to this Code section.
(b) The provisions of subsection (a) of this Code section regarding investment advisers or investment adviser representatives shall not apply to:
(1) Any investment adviser or investment adviser representative whose only clients are insurance companies; or
(2) Any investment adviser or investment adviser representative who during the course of the preceding 12 months has had fewer than 15 clients and who neither

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holds himself out generally to the public as an investment adviser or investment adviser representative nor acts as an investment adviser to any investment company registered under this chapter. fb) (c) Application for registration as a dealer or limited dealer may be made by any person. Such application for registration shall be made in writing t a form pre-
under oath, shall be fifed in th office ef the commissioner, a manner prescribed by the commissioner, shall be verified by the applicant, shall be filed with the commissioner, and shall contain the following information:
(1) The name of the applicant; (2) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (3) The form of business organization and the date of organization of the appli cant; (4) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limita tions, if any, of the liability of any general partner, limited partner, director, affiliate, or executive officer; and a statement setting forth in chronological order the occupa tional activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten years; (5) A brief description of the general character of the business conducted or pro posed to be conducted by the applicant; (6) A list of any other states in which the applicant is registered as a securities broker, dealer, or salesman and, if registration of the applicant as a securities broker, dealer, or salesman has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (7) Whether the applicant is registered as a broker or dealer under the Securities Exchange Act of 1934 or any act adopted in amendment thereof and whether any such registration of the applicant has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension by the Securities and Exchange Commission; (8) The names of all organizations of securities brokers or dealers of which the applicant is a member or before which any application for membership on the part of the applicant is then pending and whether any membership of the applicant in any such organization has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension; (9) The names of any securities exchanges of which the applicant or any of its partners, limited partners, directors, affiliates, or executive officers is a member and whether any such membership has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension; (10) A balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the fiscal year preceding such last fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office; (11) Whether the applicant or any general partner, limited partner, director, affili ate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge.

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The commissioner may waive the furnishing of any information required by this sub section (other than the requirements with respect to financial statements provided for in paragraph (10) of this subsection) and may require such additional information as to the previous history, records, or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a dealer under this chapter.
No applicant shall be registered as a dealer or limited dealer under this chapter nor shall any such registration be renewed, unless each principal of such applicant has passed a written examination administered by the commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the commis sioner showing that each principal has previously passed a similar examination con ducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the commissioner, as the commissioner may deter mine. The commissioner is further authorized to prescribe the time, manner, or proce dure relative to the holding of such examination and may impose a fee against each principal taking said examination to cover the costs thereof. For the purposes of this subsection only, with respect to a dealer or an applicant for registration as a dealer, the term 'principal' refers to a person associated with such dealer or applicant who is engaged in the management of such dealer's or applicant's business, including the super vision, solicitation, or conduct of such business or the training of persons associated with such dealer or applicant for any of these functions.
There shall be filed with such application an irrevocable written consent of the appli cant to the service of process upon the commissioner in actions against such applicant in the manner and form provided in Code Section 10-5-18 and payment of the pre scribed registration fee.
When an applicant has fully complied with this subsection and subsections {-) (i) and {g} j) of this Code section, the commissioner shall register such applicant as a dealer unless he shall find that the applicant is not of good business reputation or does not appear qualified by training or experience to act as a dealer in securities. When the commissioner has registered an applicant as a dealer, he shall immediately notify the applicant of such registration.
The procedure and requirements relative to the registration of a dealer as provided in this subsection shall likewise apply to the registration of a limited dealer, except that an applicant for registration as a limited dealer shall furnish the commissioner, as part of his application, information as to the particular issue or class or type of securities with respect to which he desires to act as a dealer. Any license, certificate, or other evi dence of registration issued by the commissioner to a limited dealer shall specify the issue or class or type of securities with respect to which such registration authorizes such limited dealer to act as a dealer.
{e} (d) Application for registration as a salesman or a limited salesman may be made by any individual. Such application for registration shall be made writing in a form manner prescribed by the commissioner, shall be executed verified by the applicant and by the dealer, limited dealer, or issuer employing or proposing to employ such appli cant, shall be duly verified under oath, shall be filed t the office ef with the commis sioner, and shall contain the following information:
(1) Name and residence and business address addresses of the applicant;
(2) Name of the dealer, limited dealer, or issuer employing or proposing to employ the applicant;
(3) Names and addresses of three persons of whom the commissioner may inquire as to the character and business reputation of the applicant;
(4) Applicant's age and education;
(5) The nature of employment and names and addresses of employers of the appli cant for the period of ten years immediately preceding the date of application;
(6) Other state or federal laws under which the applicant has ever been registered as a securities broker, dealer, or salesman and, if any such registration has ever been refused, canceled, suspended, or revoked or if such a proceeding is pending, full details with respect thereto; and

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(7) Whether the applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commis sion involving a security or any aspect of the securities business, has ever been con victed of or charged with a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of or charged with a felony, and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge.
The commissioner may waive the furnishing of any information required by this sub section and may require such additional information as to applicant's previous business experience as he may deem necessary to determine whether or not the applicant should be registered as a salesman under the provisions of this chapter. There shall be filed with such application payment of the prescribed registration fee.
When an applicant has fully complied with the provisions of this subsection and sub sections 4f) and {g} (i) and CD of this Code section, the commissioner shall register such applicant as a salesman, unless he finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowledge of the securities business to act as a salesman of securities. When the commissioner has registered an applicant as a salesman, he shall immediately notify the applicant of such registration.
No dealer, limited dealer, or issuer shall employ any salesman or limited salesman who is not registered as required by this chapter, and each such person shall promptly notify the commissioner of the termination of the employment by him of a salesman or limited salesman; and the registration of such salesman or limited salesman shall automatically be terminated from the time of termination of such employment. Any license, certificate, or other evidence of such registration which such salesman or limited salesman has been issued shall immediately be returned to the commissioner.
The procedure relative to the registration of a salesman as provided in this subsection shall likewise apply to the registration of a limited salesman, except that an applicant for registration as a limited salesman shall furnish the commissioner with information as to the particular issue or class or type of securities which he desires to sell or offer for sale. Any license, certificate, or other evidence of registration issued by the commis sioner to a limited salesman shall specify the issue or class or type of securities which such registration authorizes such limited salesman to sell or offer for sale.
No applicant shall be registered as a salesman or limited salesman under this chapter nor any such registration be renewed, unless such person has passed a written exami nation administered by the commissioner or someone acting under his direction or unless such applicant presents proof satisfactory to the commissioner showing that he has previously passed a similar examination conducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by
the commissioner, as the commissioner may determine. The commissioner is further authorized to prescribe the time, manner, and procedure relative to the holding of such
examination and may impose a fee against the applicant taking said examination to cover the costs thereof.
There shall be filed with such application an irrevocable written consent of the appli cant to the service of process upon the commissioner in actions against the applicant in
the manner and form provided in Code Section 10-5-18.
(e) Application for registration as an investment adviser may be made by any person. Such application for registration shall be made in a manner prescribed by the commis
sioner, shall be verified by the applicant, shall be filed with the commissioner, and shall contain the following information:
(1) The name and form of organization under which the investment adviser
engages or intends to engage in business in this state; (2) The name of the state or other sovereign power under which such investment
adviser is organized:
(3) The location of the investment adviser's principal place of business and branch offices, if any;

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(4) The names and addresses of the investment adviser's partners, officers, direc tors, and persons performing similar functions, or, if such an investment adviser is an individual, the name and residence and business addresses of such individual;
(5) The number of the investment adviser's employees; (6) The education, the business affiliations for the past ten years, and the present business affiliations of such investment adviser and of such investment adviser's part ners, officers, directors, and persons performing similar functions and of any control ling person thereof; (7) The nature of the business of such investment adviser, including the manner of giving advice and rendering analyses or reports; (8) A balance sheet and other financial statements which shall, as the commis sioner may by rule specify, be certified; (9) The nature and scope of the authority of such investment adviser with respect to clients' funds and accounts; (10) The basis or bases upon which such investment adviser is compensated; (11) Whether such investment adviser, any investment adviser representative, or any person associated with such investment adviser is subject to any disqualification which would be a basis for denial, suspension, or revocation of registration of such investment adviser under the provisions of subsection (g) of this Code section or under the provisions of Code Section 10-5-4 of this chapter; and (12) A statement as to whether the principal business of such investment adviser consists or is to consist of acting as investment adviser, and a statement as to whether a substantial part of the business of such investment adviser consists or is to consist of rendering investment supervisory services. The commissioner may waive the furnishing of any information required by this sub section and may require such additional information as to the previous history, records, or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as an investment adviser under this chapter. No applicant shall be registered as an investment adviser under this chapter nor shall any such registration be renewed unless the applicant, if an individual, and each invest ment adviser representative of such applicant has passed a written examination approved by the commissioner. There shall be filed with such application an irrevocable written consent of the appli cant to the service of process upon the commissioner in actions against such applicant in the manner and form provided in Code Section 10-5-18 and payment of the pre scribed registration fee. When an applicant has fully complied with this subsection and subsection (i) of this Code section, the commissioner shall register such applicant as an investment adviser unless he shall find that the applicant is not of good business reputation or does not appear qualified by training or experience to act as an investment adviser. When the commissioner has registered an applicant as an investment adviser, he shall immediately notify the applicant of such registration. (f) Application for registration as an investment adviser representative may be made by any individual. Such application for registration shall be made in a manner pre scribed by the commissioner, shall be verified by the applicant and by the investment adviser employing or proposing to employ such applicant, shall be filed with the commissioner, and shall contain the following information: (1) Name and residence and business addresses of the applicant; (2) Name of the investment adviser employing or proposing to employ the appli cant; (3) Applicant's age and education; (4) The nature of employment and names and addresses of employers of the appli cant for the period of ten years immediately preceding the date of application; (5) Other state or federal laws under which the applicant has ever been registered as an investment adviser or investment adviser representative and, if any such regis tration has ever been refused, canceled, suspended, or revoked or, if such a proceeding is pending, full details with respect thereto; and

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(6) Whether the applicant has ever been subject to any iniunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commis sion involving a security or any aspect of the securities or investment advisory busi ness, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of or charged with a felony and, if spj all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge. The commissioner may waive the furnishing of any information required by this sub section and may require such additional information as to the applicant's previous busi ness experience as he may deem necessary to determine whether or not the applicant should be registered as an investment adviser representative under the provisions of this chapter. There shall be filed with such application payment of the prescribed registra tion fee. When an applicant has fully complied with the provisions of this subsection and sub section (i) of this Code section, the commissioner shall register such applicant as an investment adviser representative, unless he finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowl edge of the securities business to act as an investment adviser representative. When the commissioner has registered an applicant as an investment adviser representative, the applicant shall be immediately notified of such registration.
No investment adviser shall employ any investment adviser representative who is not registered as required by this chapter, and each such person shall promptly notify the commissioner of the termination of the employment by him of an investment adviser representative; and the registration of such investment adviser representative shall auto matically be terminated from the time of termination of such employment.
No applicant shall be registered as an investment adviser representative under this chapter nor any such registration be renewed, unless such person has passed a written examination approved by the commissioner.
There shall be filed with such application an irrevocable written consent of the appli cant to the service of process upon the commissioner in actions against the applicant in the manner and form provided in Code Section 10-5-18.
W (g) If, after affording an applicant a hearing or an opportunity for a hearing as provided in Code Section 10-5-16, the commissioner finds that there are sufficient grounds to refuse to register the applicant as provided in this Code section, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his busi ness address and, if the application is for registration as a salesman er 2 limited sales man, or investment adviser representative, to the dealer er 2 limited dealer^ er issue^ or investment adviser who proposed to employ such applicant.
If the commissioner shall find that an applicant has committed any act or made any omission which would constitute a sufficient ground for revocation of a dealer's, limited dealer's, salesman's, er limited salesman's^ investment adviser's, or investment adviser representative's registration under Code Section 10-5-4, such act or omission may consti tute a sufficient ground for a finding by the commissioner, under subsection (b) f (c)2 (d), (e), or (f) of this Code section, that such applicant is not of 'good business reputa tion.'
{e} (h) Every registration under this Code section shall expire on December 31 in each year. Registration of dealers, limited dealers, salesmen, and limited salesmen2 investment advisers, and investment adviser representatives must be renewed each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee and, in the case of a dealer or limited dealer, by the filing of a balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing unless the

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fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the preceding fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting prin ciples and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. Investment advisers shall be required to file such bal ance sheets as may be specified by rules of the commissioner.
Upon any change in the general partners, limited partners, directors, affiliates, or executive officers of a dealer ef i limited dealer, or investment adviser, such dealer or j limited deale^ or investment adviser shall promptly notify the commissioner and shall furnish to him in writing such information concerning such persons which has not previ ously been filed as required in an original application for registration.
{} (i) The fee for the initial registration of a dealer er l limited deale^ or invest ment adviser shall be $250.00. The annual renewal fee for a dealer or ^ limited deale^ or investment adviser shall be $100.00. The initial registration fee and transfer fee for each salesman and each 2 limited salesman and investment adviser representative shall be $50.00. The annual renewal fee for each salesman and each z limited salesman2 and investment adviser representative shall be $40.00.
{g) (j) (1) Except as otherwise provided in this subsection, no applicant shall be registered as a dealer, limited dealer, salesman, or limited salesman under this chapter nor shall any such registration be renewed until the applicant files with the commis sioner bond satisfactory to the commissioner in the sum of $25,000.00 as to dealers and limited dealers and $2,500.00 as to salesmen and limited salesmen, payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regu lations and orders issued by the commissioner. Any such bond may be canceled by the principal or surety by giving notice to the commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancel lation shall result in automatic cancellation of the principal's registration until new bond satisfactory to the commissioner is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amounts above pre scribed for the bonds required of salesmen, limited salesmen, dealers, and limited dealers shall be construed as being the aggregate liability recoverable against such bonds, regardless of the number of claimants, and shall not be construed as individual liability.
(2) (A) The requirement for filing of such bond by an applicant for registration or renewal of registration as a dealer or limited dealer shall not be applicable if:
(i) Such applicant has filed with the commissioner written proof of member ship in the Securities Investor Protection Corporation and a written undertaking
to comply continuously with all applicable provisions of the Securities Investor Protection Act of 1970, U.S.C.A. 78aaa et seq.; or
(ii) As of the dates of the most recent balance sheet certified by an independ ent public accountant filed by such applicant pursuant to this Code section and
any subsequent noncertified balance sheet so filed, such applicant had a minimum capital of not less than $250,000.00. For the purposes of this division, minimum
capital shall mean net worth as determined in accordance with generally accepted accounting principles, unless for the purposes of this division the commissioner
shall adopt rules and regulations for determining the minimum capital of a dealer or limited dealer, in which case minimum capital shall be determined in accord
ance with such rules and regulations. The aforesaid balance sheets filed by such
applicant shall be used to determine the applicant's minimum capital unless the commissioner shall have adopted the rules or regulations authorized in the pre
ceding sentence, in which case the applicant's minimum capital shall be deter mined from schedules prepared in accordance with such rules and regulations.
The schedule prepared as of the date of the certified balance sheet referred to
above shall be certified as having been prepared in accordance with the rules or

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regulations adopted by the commissioner, as provided in this division, by an inde pendent public accountant duly registered and in good standing as such under the laws of the place of his residence. (B) The requirement for the filing of such bond by an applicant for registration or renewal of registration as a salesman or limited salesman shall not be applicable if the dealer or limited dealer by whom such applicant is employed or is to be employed is not subject to the bond requirements of this Code section.
(3) The requirement for filing such bond by an applicant for registration or renewal of registration as a dealer or limited dealer shall not be applicable if such applicant has deposited in trust with the commissioner:
(A) A certificate of deposit evidencing a deposit with a financial institution satis factory to the commissioner in the amount of $25,000.00 payable to the applicant and assigned to the commissioner;
(B) An irrevocable letter of credit addressed to the commissioner in the amount of $25,000.00, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of competent jurisdiction in which the applicant is found liable for damages under this chapter; or
(C) Obligations of the United States, an agency thereof, or of the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $25,000.00.
Such deposits shall be held for the benefit of all persons to whom applicant is liable for damages under this chapter for a period of two years after such applicant's regis tration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdic tion), of which the commissioner has notice, in a court of competent jurisdiction in which it is alleged that applicant is liable for damages under this chapter. Such depos its shall not be released except upon application to and the written order of the commissioner. The commissioner shall have no liability for any such release of any deposit or part thereof so made by him in good faith. The commissioner may desig nate any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the commis sioner proper trust and safekeeping receipt upon which the commissioner shall give official receipt to the applicant. The State of Georgia shall be responsible for the safe keeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, sue for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the commissioner, a letter of credit or securities of the kinds specified above of equivalent or greater value. No judgment creditor or other claimant of applicant shall levy upon any deposit held pursuant to this Code section paragraph or upon any part thereof, except as specified in this subsection paragraph. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his recovery, may give notice to the commissioner of such alleged liability and of the amount of damages claimed, after which notice the commissioner shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided below, a suf ficient amount of the deposit to pay the judgment in the action.
In the event that the applicant prevails in such action and in the event that such deposits have been held by the commissioner for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be released to the applicant; provided, however, such deposits shall not be released at any time while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the commissioner has notice, in a court of competent jurisdiction in which it is alleged

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that the applicant is liable for damages under this chapter. In the event that a judg ment is rendered in such action by which it is determined that the applicant is liable for damages under this chapter, and the applicant has not paid the judgment within ten days of the date the judgment became final, or in the event the applicant petitions for the Supreme Court of the United States to take certiorari jurisdiction over such action, and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then said person may petition the Superior Court of Fulton County for an order directing the commissioner to reduce such deposit or a portion thereof sufficient to pay the judg ment, to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revoca tion of the applicant's registration, the commissioner shall pay over such residue to the applicant, taking his receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certio rari jurisdiction) of which the commissioner has notice in a court of competent juris diction in which it is alleged that applicant is liable for damages under this chapter, in which case the commissioner shall hold or dispose of such residue in accordance with the provisions of this paragraph relating to the holding or disposing of the entire deposit. In the event that more than one final judgment is rendered against the appli cant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgment, in the order in which the judgment creditors petitioned the Supe rior Court of Fulton County.
(4) Anything in this subsection to the contrary notwithstanding, the commissioner shall comply with any order of a Georgia or United States court of competent jurisdic tion to turn over any deposit held by him pursuant to paragraph (3) of this subsection or the proceeds from any bond held by him pursuant to paragraph (1) of this subsec tion to a trustee or receiver for the use and sole benefit of persons on whose behalf the commissioner holds such deposit or proceeds.
{h} (k) Every dealer, limited dealer, salesman, or limited salesman registered under this chapter shall make and keep such accounts and other records with respect to sales of securities in this state, whether or not pursuant to exemptions contained in Code Section 10-5-8 or 10-5-9, as the commissioner may by rule or regulation require. Every investment adviser or investment adviser representative registered under this chapter shall make and keep such accounts and records with respect to its business activities in this state as the commissioner by rule or regulation may require. All records so required shall be preserved for five years unless the commissioner shall provide otherwise. All records of such dealers, limited dealers, salesmen, er limited salesmen investment advisers, or investment adviser representatives are subject to such reasonable periodic, special, or other examinations by representatives of the commissioner, within or without outside this state, as the commissioner deems necessary or appropriate in the public interest or for the protection of investors the public.
i) (1) The registration of a dealer ef j limited dealer2 or investment adviser may, at the registrant's option, be amended to reflect a change of name, address, branch offi ces, principals, state of incorporation, corporate forms (including a merger of two regis tered dealers or investment advisers), or other change which does not materially affect the business of the dealer er 2 limited dealer2 or investment adviser. Applications by dealers ad t limited dealers^ and investment advisers to amend their registrations shall be made in a manner which the commissioner may, by rule or regulation, prescribe, and the commissioner may charge:
(1) A fee for such amendments, which fee shall not exceed the fee provided for renewal of such registrations; and
(2) A fee of $1.00 for each salesman's or limited salesman's license which must be altered because of the amendment.

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{j} (m) In the event that a dealer er , limited dealer, or investment adviser succeeds to and continues the business of another registered dealer er 2 limited dealer, or invest ment adviser, the registration of the predecessor shall be deemed to remain effective as the registration of the successor for a period of 75 days after such succession, provided that an application for registration is filed within 30 days after succession on a form pre scribed by the commissioner.
(n) With respect to investment advisers, the commissioner may require that certain information be furnished or disseminated as necessary or appropriate in the public inter est or for the protection of investors and advisory clients. To the extent determined by the commissioner in his discretion, information furnished to clients or prospective clients of an investment adviser pursuant to the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement."
Section 3. Said chapter is further amended by striking Code Section 10-5-4, relating to denial, suspension, or revocation of registrations of securities dealers and salesmen, in its entirety and inserting in lieu thereof a new Code Section 10-5-4 to read as follows:
"10-5-4. (a) The commissioner, by order, may deny, suspend, or revoke a registra tion, limit the securities or investment advisory activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a registered dealer er , limited dealer, or investment adviser, or bar a person who is a partner, officer, director, or a person occupying a similar status or performing a similar function for an applicant or registered person from employment with a registered dealer er , limited dealer, or investment adviser, if the commissioner finds that the order is in the public interest and that the applicant or registered person or, in the case of
a dealer er , limited dealer, or investment adviser, a partner, officer, or director, a person occupying a similar status or performing similar functions, or a person directly or indi
rectly controlling the dealer or l limited dealer, or investment adviser: (1) Has filed an application for registration with the commissioner which, as of its
effective date or any date after filing in the case of an order denying effectiveness,
was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a
material fact; (2) Has willfully violated or willfully failed to comply with this chapter, a prior
enactment, or a rule promulgated by the commissioner under this chapter or a prior
enactment; (3) Is the subject of an adjudication or determination, after notice and opportunity
for hearing, within the last five years by a securities agency or administrator of
another state or a court of competent jurisdiction that the person has willfully vio lated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment
Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or the securities law of another state, but only if the acts constituting the viola
tion of that state's law would constitute a violation of this chapter had the acts occurred in this state;
(4) Within the last ten years has been convicted of a felony or misdemeanor, which
the commissioner finds: (A) Involves the purchase or sale of a security, the taking of a false oath, the
making of a false report, bribery, perjury, burglary, or conspiracy to commit any of
the foregoing offenses; (B) Arises out of the conduct of business as a dealer or limited dealer, invest
ment adviser, financial institution, insurance company, or fiduciary; or
(C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraud ulent concealment, embezzlement, fraudulent conversion, or misappropriation of
funds or securities; (5) Is permanently or temporarily enjoined by a court of competent jurisdiction
from acting as an investment adviser, underwriter, dealer or limited dealer or as an affiliated person or employee of an investment company, depository institution, or
insurance company or from engaging in or continuing conduct or practice in connec
tion with any of the foregoing activities or in connection with the purchase or sale of a security;

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(6) Is the subject of an order of the commissioner denying, suspending, or revoking the person's registration as a dealer er 2 limited dealer er salesman^ ef limited salesman2 investment adviser, or investment adviser representative;
(7) Is the subject of any of the following orders which are effective at the time of the commissioner's order and were issued within five years before the commissioner's order:
(A) An order by the securities agency or administrator of another state, a Cana dian province or territory, or the Securities and Exchange Commission, entered after notice and opportunity for hearing, denying, suspending, or revoking the person's registration as a dealer^ ef limited dealer, salesman^ er limited salesman, investment adviser, or investment adviser representative, or the substantial equivalent of those terms as defined in this chapter;
(B) A suspension or expulsion from membership in or association with a member of a self-regulatory organization registered under the Securities Exchange Act of 1934 or the Commodity Exchange Act;
(C) A United States Postal Service fraud order; (D) A cease and desist order entered after notice and opportunity for hearing by the commissioner, the securities agency or administrator of another state, a Cana dian province or territory, the Securities and Exchange Commission, or the Com modity Futures Trading Commission; or (E) An order by the Commodity Futures Trading Commission denying, sus pending, or revoking registration under the Commodity Exchange Act; (8) Has engaged in unethical or dishonest practices in the securities business, as defined in the rules and regulations of the commissioner; (9) Is insolvent, either in the sense that liabilities exceed assets or in the sense that obligations cannot be met as they mature, but the commissioner may not enter an order against a dealer er 2 limited dealer2 or investment adviser under this para graph without a finding of insolvency as to the dealer ef 2 limited dealer2 or invest ment adviser; (10) Is determined by the commissioner, in compliance with Code Section 10-5-3, not to be qualified on the basis of the lack of training, experience, and knowledge of the securities business; (11) Has failed reasonably to supervise salesmen, limited salesmen, investment adviser representatives, or employees; or (12) Has failed to pay the proper filing fee within 30 days after being notified by the commissioner of a deficiency, but the commissioner shall vacate an order under this paragraph when the deficiency is corrected. (b) The commissioner may not begin a proceeding on the basis of a fact or trans action known to the commissioner when the registration became effective unless the pro ceeding is begun within 90 days after effectiveness of the registration. (c) If the commissioner finds that an applicant or registered person is no longer in existence; has ceased to do business as dealer, salesman, limited dealer, er limited salesman2 investment adviser, or investment adviser representative; is adjudicated mentally incompetent or subjected to the control of a committee, conservator, or guardian; or cannot be located after reasonable search, the commissioner, by order, may deny the application or revoke the registration. (d) The commissioner may at any time require a dealer er 2 limited dealer2 or invest ment adviser to file with him a financial statement showing the financial condition of such dealer er 2 limited dealer2 or investment adviser as of the most recent practicable date but such financial statement need not be certified."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 10-5-10, relating to the powers and duties of the commissioner of securities, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The commissioner shall have the authority to administer oaths in and to pre scribe forms for all matters arising under this chapter. The commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities and

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investment adviser laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws."
Section 5. Said chapter is further amended by striking subsection (h) of Code Section 10-5-11, relating to cooperation with other jurisdictions in conducting investi gations and hearings regarding violations of this chapter and securities laws, in its entirety and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) To encourage uniform interpretation and administration of this chapter and effective securities and investment adviser regulation and enforcement, the commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, or another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Pro tection Corporation, any self-regulatory organization, any national or international orga nization of securities officials or agencies, and any governmental law enforcement or regulatory agency. Said cooperation includes, but is not limited to, the following actions:
(1) Making a joint registration examination or investigation; (2) Holding a joint administrative hearing; (3) Filing and prosecuting a joint civil or administrative proceeding; (4) Sharing and exchanging personnel; (5) Sharing and exchanging information and documents subject to the restrictions of subsection (i) of this Code section; and (6) Formulating, in accordance with Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act,' rules or proposed rules on matters such as statements of policy, guidelines, and interpretative opinions and releases."
Section 6. Said chapter is further amended by striking Code Section 10-5-12, relating to unlawful practices, in its entirety and inserting in lieu thereof a new Code Section 10-5-12 to read as follows:
"10-5-12. (a) It shall be unlawful for any person: (1) To offer to sell or to sell any security in violation of Code Section 10-5-3,
10-5-5, or 10-5-19 or any rule, regulation, or order promulgated or issued by the commissioner under this chapter;
(2) In connection with an offer to sell, sale, offer to purchase, or purchase of any security, directly or indirectly:
(A) To employ a device, scheme, or artifice to defraud; (B) To make an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circum stances under which they are made, not misleading; or (C) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; (3) To offer or sell any security: (A) Registered under subsection (b) of Code Section 10-5-5 by means of any pro spectus except a prospectus which complies with paragraph (3) of subsection (b) of Code Section 10-5-5; (B) Registered under subsection (e) of Code Section 10-5-5 by means of any pro spectus except a prospectus which complies with paragraph (3) of subsection (e) of Code Section 10-5-5; or (C) Registered under subsection (f) of Code Section 10-5-5 by means of any pro spectus except a prospectus which complies with paragraph (4) of subsection (f) of Code Section 10-5-5; or (4) In connection with the sale of any securities registered under this chapter: (A) To make any representation concerning any future sales of securities of the same class by the issuer at a price higher than the current offering price; or (B) To make any representations as to the future existence of any public market for the securities offered for sale. (b) It shall be unlawful for any person to make to any prospective purchaser, cus tomer, or client any representation that the filing or effectiveness of a registration state ment or the registration of any security under Code Section 10-5-5 or the existence of

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1287

any exemption for any security or transaction means that the commissioner has passed in any way upon the truth, completeness, or accuracy of such registration statement or the merits of such security or has recommended or given approval to such security or transaction.
(c) It shall be unlawful for any person who: (1) Is a dealer, limited dealer, salesman, er limited salesman investment adviser.
or investment adviser representative under this chapter; (2) Is making an application for registration as a dealer, limited dealer, salesman,
er limited salesman investment adviser, or investment adviser representative under this chapter;
(3) Is an issuer which has filed a registration statement with respect to securities it intends to issue; or
(4) Is an affiliate of any of the persons described in paragraph (1), (2), or (3) of this subsection knowingly to cause to be made, in any document filed with the commissioner or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (d) Without limiting the general applicability of subsections (a), (b), and (c) of this Code section, it shall be unlawful to:
(1) Quote a fictitious price with respect to a security; (2) Effect a transaction in a security which involves no change in the beneficial ownership of the security for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; (3) Enter an order for the purchase of a security with the knowledge that an order of substantially the same size and at substantially the same time and price for the sale of the security has been, or will be, entered by or for the same, or affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; (4) Enter an order for the sale of a security with the knowledge that an order at substantially the same time and price for the purchase of the security has been, or will be, entered by or for the same, or affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; or (5) Employ any other deceptive or fraudulent device, scheme, or artifice to manipulate the market in a security. (e) Transactions effected in compliance with the applicable provisions of the Securi ties Exchange Act of 1934 and the rules and regulations of the Securities and Exchange Commission thereunder shall not be deemed to constitute market manipulation under subsection (d) of this Code section. (f) It shall be unlawful for any person to transact business within or from this state as an investment adviser or investment adviser representative in violation of Code Section 10-5-3 or any rule, regulation, or order promulgated or issued by the commis sioner under this chapter. (g) It shall be unlawful for any person to hold himself out as, or otherwise represent that he iSj a 'financial planner' or 'investment counsel' or use as descriptive of his busi ness the term 'financial planner' or 'investment counsel' or such similar term as may be specified in rules and regulations promulgated by the commissioner unless said person is registered as an investment adviser or investment adviser representative under this chapter. The use of the term 'financial planner' or 'investment adviser' or a similar term to describe a person's business shall not be used in such a way so as to be deceptive, as that term may be defined in the rules and regulations promulgated by the commis sioner. (h) It shall be unlawful for any investment adviser or investment adviser representa tive in the course of his business as such: (1) To employ any device, scheme, or artifice to defraud; (2) To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit; or

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(3) To engage in dishonest or unethical practices, as the commissioner may define by rule. (j)__It shall be unlawful for any person registered as an investment adviser or invest ment adviser representative under this chapter to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved or that his abilities or qualifications have in any respect been passed upon by the State of Georgia or any agency or any officer thereof; provided, however, that this provision shall not be construed to prohibit a statement that a person is so registered under this chapter if such statement is true in fact and if the effect of such registration is not misrepresented. (j) Except as may be permitted by rule or order of the commissioner, it shall be unlawful for any investment adviser to enter into, extend, or renew any investment advi sory contract unless it provides in writing:
(1) That the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client; provided, however, that the prohibitions of this paragraph shall not pro hibit an investment advisory contract which provides for compensation based on the total value of a fund averaged over a definite period, as of definite dates, or taken as of definite date;
(2) That no assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and
(3) That the investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change."
Section 7. Said chapter is further amended by striking Code Section 10-5-13, relating to administrative, civil, and criminal actions which may be instituted against persons vio lating this chapter, in its entirety and inserting in lieu thereof a new Code Section 10-5-13 to read as follows:
"10-5-13, (a) Whenever it may appear to the commissioner, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the commissioner promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the commissioner may, at his discretion, act under any or all of the following paragraphs:
(1) Impose administrative sanctions as provided in this paragraph: (A) Subject to notice and opportunity for hearing in accordance with Code
Section 10-5-16, unless the right to notice is waived by the person against whom the sanction is imposed, the commissioner may:
(i) Issue a cease and desist order against any person; (ii) Censure the person if the person is registered as an issuer, dealer, limited dealer, salesman, or limited salesman investment adviser, or investment adviser representative;
(iii) Bar or suspend the person from association with a registered dealer er 2 a limited deale^ or an investment adviser in this state; or
(iv) Issue an order against an applicant, registered person, or other person who willfully violates this chapter, imposing a civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings;
(B) Imposition of the sanctions under this paragraph is limited as follows: (i) If the commissioner revokes the registration of a dealer, limited dealer,
salesman, ef limited salesman investment adviser, or investment adviser repre sentative or bars a person from association with a registered dealer ef ; limited deale^ or investment adviser under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposition of the sanction specified in divi sion (iv) of subparagraph (A) of this paragraph; and
(ii) The imposition by the commissioner of one or more sanctions under this paragraph with respect to a specific violation precludes the commissioner from

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later imposing any other sanctions under this paragraph with respect to the viola tion; (C) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under subparagraph (A) of this paragraph, the commissioner shall consider, among other factors, the frequency, persistence, and willfulness of the con duct constituting a violation of this chapter or a rule promulgated thereunder or an order of the commissioner, the number of persons adversely affected by the conduct, and the resources of the person committing the violation; (2) Seek civil sanctions by applying to any superior court of competent jurisdiction in this state, which court: (A) Upon a showing by the commissioner that a person has violated this chapter, a rule promulgated thereunder, or an order of the commissioner, may enter or grant:
(i) A temporary restraining order, permanent or temporary injunction, or a writ of prohibition or mandamus;
(ii) A civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings;
(iii) A declaratory judgment; (iv) Restitution to investors; (v) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; (vi) An order of disgorgement; or (vii) Other relief as the court deems just and equitable; (B) May, upon a showing by the commissioner that the defendant is about to violate this chapter, a rule promulgated thereunder, or an order of the commis sioner, issue: (i) A temporary restraining order; (ii) A temporary or permanent injunction; (iii) A writ of prohibition or mandamus; or (iv) Such other relief as the court deems just and equitable; (C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the commissioner under paragraph (1) of this subsection in connection with the transaction or transactions constituting a violation of this chapter, a rule promulgated thereunder, or an order of the commis sioner; and (D) Upon a showing by the securities agency or administrator of another state that a person has violated the securities or investment adviser act law of that state, a rule promulgated thereunder, or an order of said agency or administrator, in addi tion to any other legal or equitable remedies, may impose one or more of the follow ing remedies: (i) The appointment of a receiver, auditor, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state; and (ii) Such other relief as the court deems just and equitable; or (3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his indi vidual discretion, institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the commissioner may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant and his agents, employees, part ners, officers, or directors; and (2) The production of such documents, books, and records as may appear neces sary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of investors as the facts may warrant. (c) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring:

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(1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors; and
(2) The production of such documents, books, and records as may appear neces sary for the prosecution of such criminal proceedings."
Section 8. Said chapter is further amended by striking Code Section 10-5-14, relating to civil liability from sales of securities, in its entirety and inserting in lieu thereof a new Code Section 10-5-14 to read as follows:
"10-5-14. (a) Any person who violates subsection (a) of Code Section 10-5-12 shall be liable to the person buying such security; and such buyer may sue in any court of competent jurisdiction to recover the consideration paid in cash (or the fair value thereof at the time the consideration was paid if such consideration was not paid in cash) for the security with interest thereon from the date of payment down to the date of repayment as computed in paragraph (1) of subsection {e} (d) of this Code section (less the amount of any income received thereon), together with all taxable court costs and reasonable attorney's fees, upon the tender, where practicable, of the security at any time before the entry of judgment, or for damages if he no longer owns the security. Damages are the amount which equals the difference between the fair value of the con sideration the buyer gave for the security and the fair value of the security at the time the buyer disposed of it, plus interest thereon from the date of payment down to the date of repayment as computed in paragraph (2) of subsection (e) (d) of this Code section. A person who offers or sells a security in violation of paragraph (2) of subsection (a) of Code Section 10-5-12 is not liable under this subsection if:
(1) The purchaser knew of the untrue statement of a material fact or omission of
a statement of a material fact; or
(2) The seller did not know and in the exercise of reasonable care could not have known of the untrue statement or misleading omission.
(b) Every contract between an investment adviser and an advisory client made in violation of any provision of this chapter and every such contract heretofore or hereafter
made, the performance of which involves the violation of or continuance of any relation ship or practice in violation of any provision of this chapter or any rule, regulation, or order thereunder, shall be void:
(1) As regards the rights of any person who, in violation of any such provision,
rule, regulation, or order shall have made or engaged in the performance of any such contract; and
(2) As regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason
of which the making or performance of such contract was in violation of any such provision.
The advisory client who is a party to such a contract may sue to recover the consider ation paid under such contract to such investment adviser or investment adviser repre
sentative, together with interest thereon at the annual rate of 6 percent from the date
of payment of the consideration, plus costs and reasonable attorney's fees. (b) (c) Every person who directly or indirectly controls a person liable under sub
section (a) or (b) of this Code section, every general partner, executive officer, or direc
tor of such person liable under subsection (a) or (b) of this Code section, every person occupying a similar status or performing similar functions, and every dealer, limited
dealer, salesman, or limited salesman who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under
subsection (a) or (b) of this Code section unless the person whose liability arises under this subsection sustains the burden of proof that he did not know and in the exercise
of reasonable care could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable.
{e) (d) With respect to the purchase, sale, or offer to purchase or sell a security, Ne no person may sue under this Code section more than two years from the date of the contract for sale or sale, if there is no contract for sale. With respect to the pur
chase, sale, or offer to purchase or sell a security, N no person may sue under this Code section:

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(1) If the buyer received a written offer, before suit and at a time when he owned the security, to repay in cash or by certified or official bank check, within 30 days from the date of acceptance of such offer in exchange for the securities, the fair value of the consideration paid (determined as of the date such payment was originally paid by the buyer), together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security consists of an interest-bearing obligation at the same rate as provided in the security or, in case the security consists of other than an interest-bearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and:
(A) Such offeree does not accept the offer within 30 days of its receipt; or (B) If such offer was accepted, the terms thereof were complied with by the offerer^; (2) If the buyer received a written offer before suit and at a time when he did not own the security to repay in cash or by certified or official bank check, within 30 days from the date of acceptance of such offer, an amount equal to the difference between the fair value of the consideration the buyer gave for the security and the fair value of the security at the time the buyer disposed of it, together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security consists of an interest-bearing obligation at the same rate as provided in the security or, in case the security consists of other than an interest-bearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and: (A) Such offeree does not accept the offer within 30 days of its receipt; or (B) If such offer was accepted, the terms thereof were complied with by the offerer, provided no written offer shall be effective within the meaning of this subsection unless it would be exempt under Code Section 10-5-9 or, if registration would have been required, then unless such rescission offer has been registered and effected under a subsection of Code Section 10-5-5. Any person who is paid for his security in the amount provided by this subsection shall be foreclosed from asserting any remedies under this chapter regardless of whether the other requirements of this subsection have been complied with. (e) With respect to the activities of an investment adviser or investment adviser representative, no person may sue under this Code section more than two years from the date of the transaction upon which the suit is based. 44} (f) Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant. {e} (g) Nothing in this chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of a security."
Section 9. Said chapter is further amended by striking subsection (a) of Code Section 10-5-16, relating to notice of opportunity for a hearing, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Where the commissioner has issued any order forbidding the sale of securities under Code Section 10-5-7, he shall promptly send to the issuer of such securities and to all persons who have registered such securities a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 10-5-3 and after the entering of any order for revocation or suspension, the commissioner shall promptly send to such person and, if such person is a salesmanz er limited salesman, or investment adviser representative, to the dealer er 2 limited dealer^ or investment adviser who employs or proposes to employ such salesman er ^ limited salesman; or investment adviser representative a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the commissioner."
Section 10. Said chapter is further amended by striking Code Section 10-5-20, relat ing to the waiver of rights under this chapter, in its entirety and inserting in lieu thereof
a new Code Section 10-5-20 to read as follows:

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"10-5-20. Any condition, stipulation, or provision binding any person acquiring any security or receiving investment advice to waive:
(1) Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter;
(2) Any rights provided by this chapter or by the rules and regulations promul gated under this chapter; or
(3) Any defenses arising under this chapter or under the rules and regulations promulgated under this chapter shall be void."
Section 11. Said chapter is further amended by adding a new Code Section 10-5-23.1 immediately following Code Section 10-5-23 to read as follows:
"10-5-23.1. Notwithstanding any other provision of this chapter, the commissioner shall not be required to accept applications for registration or to register investment adviser representatives until the Central Registration Depository, as provided for in Code Section 10-5-10, is fully operational with respect to the registration of investment adviser representatives."
Section 12. This Act shall become effective April 1, 1989.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Thompson of the 20th moves to amend the House Committee on Industry substitute to HB 1566 by striking from lines 10 through 12 of page 24 the follow ing:
"(8) A balance sheet and other financial statements which shall, as the commissioner may by rule specify, be certified;",
and inserting in its place the following:
"(8) Investment advisers with custody of client funds or securities or requiring prepay ment of more than $500.00 in fees per client six or more months m advance must pro vide a balance sheet for the most recent fiscal year. Said balance sheet shall be prepared in accordance with generally accepted accounting principles and shall, as the commis sioner may by rule specify, be audited by an independent public accountant;"
By striking from lines 19 through 21 of page 29 the following:
"Investment advisers shall be required to file such balance sheets as may be specified by rules of the commissioner.",
and inserting in its place the following:
"Investment advisers with custody of client funds or securities or requiring prepay ment of more than $500.00 in fees per client six or more months jn advance must pro vide a balance sheet for the most recent fiscal year. Said balance sheet shall be prepared in accordance with generally accepted accounting principles and shall, as the commis sioner may by rule specify, be audited by an independent public accountant."

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:

FRIDAY, FEBRUARY 19, 1988

1293

Y Aaron 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
Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Brooks
Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H
Y Clark.L
Y Colbert

Y Coleman Colwell
Y Connell Y Couch YCox Y Crawford
Crosby Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M
Y Dison Y Dobbs Y Dover
Y 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
Manner Y Harris Y Hasty 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 Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M 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
Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketaon Y Robinson 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
Stanley Y Steinberg
Stephens Y Thomas.C
Y Thomas.M Y Thompson
Y Thurmond Y Tolbert
Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson YWood Y Workman Y Yeargin
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.

The following Resolution of the Senate was read:

SR 406. 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 shall adjourn at 5:00 P.M. on Friday, February 19, 1988, and shall recon vene at 10:00 A.M. on Monday, February 22, 1988.
BE IT FURTHER RESOLVED that the General Assembly shall again adjourn at 5:00 P.M. on Friday, February 26, 1988, and shall reconvene at 10:00 A.M. on Monday, February 29, 1988.
BE IT FURTHER RESOLVED that the General Assembly shall again adjourn at 5:00 P.M. on Friday, March 4, 1988, and shall reconvene at 10:00 A.M. on Monday, March 7, 1988.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M

Y Aiken Y Alford Y Alien

Y Athon Y Atkins
Y Bailey

Y Balkcom Y Bannister
Y Bargeron

Y Barnett,B Y Barnett,M
Beck

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JOURNAL OP THE HOUSE,

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Colbert Y Coleman
Y Colwell Y Connell Y Couch YCoi Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,G
Davis.M Y Dixon

Y Dobbs Y Dover Y 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
Manner
Y Harris
Y Hasty 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
Martin YMcCoy Y McDonald Y McKelvey
McKinney
Y Meadows YMilam Y Milford Y Mobley Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y Orrock

Y Padgett Y Pannell
Par ham Y Parrish Y Patten
Y Peters Y Pettit Y 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 Y Richardson Y Ricketson 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
Stanley
Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
YWall Ware
Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 162, nays 1. Due to mechanical malfunction, the vote of Representative Prichard of the 8th was recorded as "nay". He intended to vote "aye". On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution was adopted.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the
third time:

HB 1660. By Representatives Porter of the 119th, Jackson of the 9th, Lawson of the 9th, Benefield of the 72nd and Smyre of the 92nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law.

The following Committee substitute was read and adopted:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to be in violation of the law; to provide for an exception; to provide for a definition; to provide for evidentiary facts and the use thereof; to provide that, notwithstanding other laws, a motion to change or modify the judgment and sentence may be made and accepted according to Code Section 40-13-32

FRIDAY, FEBRUARY 19, 1988

1295

either before or after expiration of the term at which judgment and sentence were pro nounced; to state legislative intent; to provide for showing that certain persons are quali fied to draw blood; 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 vehicles and traffic, is amended by striking paragraph (1) of Code Section 40-1-1, relating to motor vehicle and traffic definitions, and inserting in lieu thereof new paragraphs to read as follows:
"(1) 'Alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
ft) (1.1) 'Alley' means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic."
Section 2. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-391, relating to driving under the influence of drugs or alcohol, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to a degree which renders him incapable ef driving safely the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to a degree which renders h incapable ef driving safely the extent that it is less safe for the person to drive; or

alcohol concentration is 0.12 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violat ing this Code section ; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use."
Section 3. Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evi dence of the amount of alcohol or drug in a person's bloodj urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chem ical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily sub stance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforce ment officer under Code Section 40-5-55, only a physician, registered nurse, laboratory

1296

JOURNAL OF THE HOUSE,

technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement offi cer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and
(4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section;.
{&)--Percent by weight ef alcohol in the blood sfeaH fee -based upon grams f alcohol pe* Mft cubic centimeters ef blood. (b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analy sis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 percent grams or less by weight ef alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(2) If there was at that time an alcohol concentration in excess of 0.05 percent grams but less than 0.10 percent by weight f alcohol the person's blood grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391, but such fact may be considered with other competent evi dence in determining whether the person was under the influence of alcohol, as pro hibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(3) If there was at that time an alcohol concentration of 0.10 percent grams or more by weight ef- alcohol the person's blood, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(4) If there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.12 percent or more grams ef weight ef alcohol the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391."
Section 4. Said title is further amended by adding at the end of Code Section 40-13-32, relating to restrictions on the ability of courts to change or modify traffic sen tences or judgments, a new subsection (f) to read as follows:
"(f) Notwithstanding other laws and specifically notwithstanding Code Section 17-7-93, a motion to change or modify a traffic law sentence or judgment may be made by the defendant and accepted by the court as provided in this Code section. At any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater."
Section 5. Said title is further amended by adding at the end of Code Section 40-6-392, relating to chemical tests for alcohol or drugs, a new subsection to read as fol lows:

FRIDAY, FEBRUARY 19, 1988

1297

"(d) A certification by the office of the Secretary of State or by the Department of Human Resources that a person was a licensed or certified physician, physician's assis tant, registered nurse, practical nurse, medical technologist, medical laboratory techni cian, or phlebotomist at the time the blood was drawn shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section."
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 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 Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis.M N Dhon Y Dobbs Y Dover Y 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
Harris Y Hasty 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 YLaneJD Y Lane,R Y Langford
Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas
Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam
Milford
Y Mobley Y Moody
Moore Y Mortal

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
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 YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod
Simpson
Sinkfield

Y Sizemore Y Smith.L
Y Smith.P Y Smith,T Y Smith.W
YSmyre YSnow Y Stancil
Stanley Y Steinberg Y Stephens
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Tolbert
Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Y Williams,B Y Williams,J Y Wilson YWood
Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 800. By Representatives Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd, Johnson of the 123rd, Kingston of the 125th and others:
A resolution designating the Benjamin M. Garfunkel Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

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JOURNAL OF THE HOUSE,

Aaron Adams,G Y Adama.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 Y Birdsong
Y Bishop Y Bostick Y Branch
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L
Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover YDunn 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 Manner
Y Harris Y Hasty 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 Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong
YLord Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody
Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell
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 YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
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 Y Steinberg Y Stephens Y Thomas.C
Y Thomas.M Y Thompson
Y Thurmond Y Tolbert
Townsend Y Triplet! Y Twiggs
Y Waddle Y Waldrep
Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Wilson
Y Wood Workman
Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 759. By Representatives Sinkfield of the 37th, Thomas of the 31st, Benn of the 38th, Randall of the 101st, Smyre of the 92nd, and others:
A resolution commending Brian Casey Hooker and inviting him to appear before the House of Representatives.

HR 762. By Representatives Lucas of the 102nd, Randall of the 101st, Cummings of the 134th Davis of the 29th, Thomas of the 31st and others:
A resolution commending Reverend Jesse Jackson and inviting him to address the House of Representatives.

HR 813. By Representatives Isakson of the 21st, Colbert of the 23rd and Mueller of the 126th:
A resolution welcoming Honorable Robert Dole and inviting him to address the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

FRIDAY, FEBRUARY 19, 1988

1299

HB 1511.

By Representatives Lane of the 27th, Selman of the 32nd, Davis of the 29th, Adams of the 36th, Greer of the 39th and others:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Secur ity Act.

The following Senate substitute was read:

A BILL
To provide an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the Fulton County government, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act; to provide for other matters relative to the foregoing; to repeal specific laws; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of Fulton County who is 70 years of age or over or dis abled is granted an exemption from all ad valorem taxes levied for county government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebted ness of the county government, for the full value of the homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term "adjusted gross income" shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, dis ability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. The home stead exemption provided for in this Act shall not apply to any state ad valorem taxes or to any ad valorem taxes levied for the Fulton County School District.
(b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not less than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or here after amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gain fully employed and that such incapacity is likely to be permanent.
(c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if disabled, the certificate or certificates required by subsection (b) of this section, and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.

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JOURNAL OF THE HOUSE,

(d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file the said affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section.
(e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to Fulton County ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after Decem ber 31, 1988.

Section 2. The following Acts are repealed in their entirety: (1) An Act relating to a homestead exemption from Fulton County government ad
valorem taxes, approved March 20, 1986 (Ga. L. 1986, p. 4362); and (2) An Act relating to a homestead exemption from Fulton County government ad
valorem taxes, approved March 19, 1987 (Ga. L. 1987, p. 4132).

Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1988, general election 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 immedi ately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes, including ad valorem taxes levied to pay interest on and retire bonded indebtedness of the Fulton County government, for each resident of Fulton County who is 70 years of age or over or disabled if the resident's gross income, together with the gross income of the spouse residing at the same homestead, does not exceed the amount which may be received by a person and a person's spouse under the fed eral Social Security Act?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as pro vided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date.
The expense of such election shall be borne by Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House agree to the Senate substitute to HB 1511.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

The following Resolutions of the House were read and adopted:

FRIDAY, FEBRUARY 19, 1988

1301

HR 844. By Representatives Pittman of the 60th, Bannister of the 62nd, Goodwin of the 63rd and Barnett of the 10th:
A resolution commending Honorable Vinson Wall.

HR 845. By Representatives Steinberg of the 46th, Oliver of the 53rd, Lawrence of the 49th, Richardson of the 52nd, Felton of the 22nd and others:
A resolution commending Honorable Betty Jo Williams.

HR 846. By Representatives Greene of the 130th, Holcomb of the 72nd, Byrd of the 153rd, Mueller of the 126th and Williams of the 48th:
A resolution expressing sympathy at the passing of Honorable George S. Lee.

HR 847. By Representatives Cox of the 141st, Greene of the 130th, Balkcom of the 140th, Reaves of the 147th, Long of the 142nd and others:
A resolution commending Mr. Hugh D. Broome.

HR 848. By Representative Carrell of the 65th: A resolution commending Mr. Herschel Scott.

HR 849. By Representative Cummings of the 17th: A resolution commending James Aubrey "Orbie" Thaxton.

HR 850. By Representative Richardson of the 52nd: A resolution congratulating Mr. and Mrs. H. G. Pierce, Jr.

HR 851. By Representative Oliver of the 121st: A resolution expressing regret at the passing of Henry 0. Walker.

HR 852. By Representative Oliver of the 121st: A resolution commending Dewey Devant Rush.

HR 853. By Representatives Colwell of the 4th, Dover of the llth and Twiggs of the 4th:
A resolution commending and recognizing Lumpkin County Sheriff Kenneth Seabolt.

HR 854. By Representatives Rainey of the 135th and Peters of the 2nd: A resolution commending the National Wild Turkey Federation.

HR 855. By Representatives Rainey of the 135th, Walker of the 115th, Hooks of the 116th, Hudson of the 117th and Branch of the 137th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state barbecue cooking contest for entry qualification in the International Barbecue Cooking Contest.

1302

JOURNAL OF THE HOUSE,

HR 856. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Johnson of the 72nd and Benefield of the 72nd:
A resolution commending Luvenia Jackson.

HR 857. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Johnson of the 72nd:
A resolution commending Mrs. Robyn Smith.

HR 858. By Representatives Jamieson of the llth and Dover of the llth: A resolution expressing sympathy at the passing of Mable Thomas Scott.

HR 859. By Representative Goodwin of the 63rd:
A resolution commending the Homeowners' Alliance for a Greater Gwinnett and its president, Jim Woolen.

HR 860. By Representative Chance of the 129th:
A resolution commending the Effingham County High School Rebels football team.

HR 861. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th, Dover of the llth, Moore of the 139th and others:
A resolution commending Mr. Joseph Cleveland Gober.

HR 862. By Representatives Foster of the 6th, Griffin of the 6th, Ramsey of the 3rd, Twiggs of the 4th and McCoy of the 1st:
A resolution commending Trooper First Class Mickey Little.

HR 863. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th, Ramsey of the 3rd and McCoy of the 1st:
A resolution commending Mr. William Jackson Tubb.

HR 864. By Representative Adams of the 79th: A resolution commending Mr. David Hammock.

HR 865. By Representative Chance of the 129th: A resolution commending Esther Pruett.

HR 866. By Representatives Carrell of the 65th and Dobbs of the 74th: A resolution honoring Judge Thomas W. Ridgway.

HR 867. By Representative Ray of the 98th: A resolution commending Mrs. Glennie Smith.

HR 868. By Representatives Adams of the 79th and Colbert of the 23rd: A resolution commending Mr. Wilbur Avera.

FRIDAY, FEBRUARY 19, 1988

1303

HR 869. By Representative Shepard of the 71st:
A resolution expressing regret at the death of the Honorable Clifford A. Cranford.

HR 870. By Representatives Dover of the llth, Twiggs of the 4th, Dobbs of the 74th, Greene of the 130th and Orrock of the 30th:
A resolution relative to the discriminatory commercialization of the racial ancestry of native Americans and urging the Georgia congressional delegation to take certain action with respect to such discriminatory activities.

HR 871. By Representative Adams of the 79th: A resolution commending Ms. Anne-Marie Alien.

HR 872. By Representative Adams of the 79th: A resolution commending Ms. Glenda Stevens.

HR 873. By Representative Adams of the 79th: A resolution commending Mr. George H. Hightower, Sr.

HR 874. By Representatives Pinkston of the 100th, Buford of the 103rd, Lucas of the 102nd and Groover of the 99th:
A resolution commending Mr. Harvey R. Brown.

HR 875. By Representative Adams of the 79th: A resolution commending Mr. James Baskin.

Pursuant to SR 406, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 22, 1988.

1304

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 22, 1988

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 call was postponed until 2:00 o'clock, this afternoon.
Prayer was offered by Dr. C. Don Manning, Pastor, First Christian Church, Winder, Georgia.
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

MONDAY, FEBRUARY 22, 1988

1305

AFTERNOON SESSION

The Speaker called the House to order.
By unanimous consent, the call of the roll was dispensed with.
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 1817. By Representative Dunn of the 73rd: A bill to amend Code Section 48-6-4 of the Official Code of Georgia Anno tated, relating to the payment of the real estate transfer tax prior to the filing of a deed, so as to provide that upon the request of the county board of tax assessors, the clerk of the superior court shall furnish real estate trans fer tax forms to such board for its inspection.
Referred to the Committee on Governmental Affairs.
HB 1818. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend an Act providing for a new charter for the City of Folkston, so as to change certain provisions relating to the jurisdiction, powers, and authority of the Municipal Court of the City of Folkston.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1819. By Representative Ray of the 98th: A bill to provide conditions under which the board of education of Crawford County will be authorized to hold regular and other meetings at locations within the county instead of at the county seat.
Referred to the Committee on State Planning & Community Affairs - Local.

1306

JOURNAL OF THE HOUSE,

HB 1820. By Representative Ray of the 98th:
A bill to grant to the Probate Court of Crawford County jurisdiction over violations of ordinances of Crawford County; to provide for a prosecuting attorney and for practices and procedures.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1821. By Representative Smith of the 16th:
A bill to amend an Act creating a new charter for the City of Rome, so as to provide for an additional member of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1822. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for the election and terms of office of a five-member board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1823. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to provide for the Board of Education of Madison County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1824. By Representative Ricketson of the 82nd:
A bill to amend an Act placing the tax commissioner of Wilkes County on an annual salary, so as to change the compensation of that tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1825. By Representative Rainey of the 135th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Anno tated, relating to exemptions from the certificate of need requirements, so as to exempt certain renal dialysis machines, equipment, and operations from the applicability of Chapter 6 of Title 31, relating to certificate of need.
Referred to the Committee on Health & Ecology.

HB 1826. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to change the compensation of the members and chair man of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1827. By Representative Carrell of the 65th:
A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain resi dents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 22, 1988

1307

HB 1828. By Representatives Shepard of the 71st, Mostiler of the 75th, Meadows of the 91st and Ware of the 77th:
A bill to provide a homestead exemption from all Coweta County School Dis trict ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $12,500.00 and who are totally disabled or 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1829. By Representative Carrell of the 65th:
A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain disabled residents of that county who have annual incomes not exceeding $15,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1830. By Representative Carrell of the 65th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Walton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1831. By Representative Dixon of the 151st:
A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1832. By Representative Carter of the 146th:
A bill to amend an Act changing certain provisions relative to the Magistrate Court of Berrien County, so as to provide for the salary of the chief magis trate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1833. By Representative McDonald of the 12th:
A bill to amend an Act creating the State Court of Jackson County, so as to provide that the judge of such court shall be a full-time judge and shall not engage in the private practice of law; to provide that the solicitor of such court shall be a full-time solicitor and shall not engage in the private practice of law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1834. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Irwinton.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1835. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Gordon.
Referred to the Committee on State Planning & Community Affairs - Local.

1308

JOURNAL OF THE HOUSE,

HB 1836. By Representative Peters of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the method of selection of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1837. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the powers, duties, and authority of the board; to create the office of county manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1838. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to define the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1839. By Representatives Dobbs of the 74th, Jackson of the 9th, Porter of the 119th, Griffin of the 6th, Heard of the 43rd and others:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to regulate the use of after-market parts in motor vehicle repairs; to require identification on after-market parts; to provide for disclosures to insureds.
Referred to the Committee on Motor Vehicles.

HB 1840. By Representative Aiken of the 21st:
A bill to amend Code Section 53-5-2 of the Official Code of Georgia Anno tated, relating to year's support for spouses and children from decedent's estate, so as to provide for tax divesture of the next immediate year's taxes if the current year's taxes were paid in full and satisfied prior to the date the property is set apart.
Referred to the Committee on Judiciary.

HB 1841. By Representatives Aiken of the 21st, Wilder of the 21st, Clark of the 20th, Atkins of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs and the provisions relating to costs in such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1842. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 48th, Aaron of the 56th, Linder of the 44th 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 change the provisions relating to the authority of the Chief Executive to vote on matters before the Commission when members of the Commission are equally divided; to provide that certain department heads shall be under the DeKalb County Merit System.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 22, 1988

1309

HB 1843. By Representatives Pittman of the 60th, Wall of the 61st, Gresham of the 21st, Shepard of the 71st, Bannister of the 62nd and others:
A bill to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, so as to pro hibit minors from viewing certain nude and sexual conduct; to provide for definitions; to prohibit the display of certain pictures, reproductions, and images depicting such conduct.
Referred to the Committee on Special Judiciary.

HB 1844. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, so as to change the provisions relative to the compensation of the members and the chairman of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1845. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to continue the City of Pelham public school system and the board of edu cation therefor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1846. By Representatives Pannell of the 122nd and Childers of the 15th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to physicians, osteopaths, and orthotists, so as to authorize the Composite State Board of Medical Examiners to require applicants for licensure to attend a seminar as a condition to the issuance of a license.
Referred to the Committee on Health & Ecology.

HB 1847. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to amend an Act to make provisions for the Magistrate Court of John son County, so as to change the method of selection of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1848. By Representatives Bishop of the 94th, Benn of the 38th, Couch of the 40th, Lupton of the 25th and Davis of the 29th:
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, so as to authorize the sale of alcoholic beverages on Sunday in cer tain areas of certain counties and municipalities.
Referred to the Committee on Regulated Beverages.

HB 1849. By Representatives Orrock of the 30th, McKinney of the 35th and Martin of the 26th:
A bill to create the Atlanta Market for Georgia Farm Products Authority; to provide for a short title.
Referred to the Committee on State Planning & Community Affairs.

1310

JOURNAL OF THE HOUSE,

HB 1850. By Representatives Coleman of the 118th and Branch of the 137th:
A bill to reincorporate the City of Scotland, Georgia, and to grant a new charter to the said city; to repeal and replace the charter of Scotland.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1851. By Representatives Coleman of the 118th, Parham of the 105th, Parrish of the 109th and Lee of the 72nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the preservation, protection, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare; to provide a short title.
Referred to the Committee on Natural Resources & Environment.

HB 1852. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for indi viduals 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1853. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating the office of county administrator of Dougherty County, so as to change the dollar amount of contracts and pur chases below which the administrator need not seek approval from the gov erning authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1854. By Representative Chambless of the 133rd:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of the pro bate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1855. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1856. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 22, 1988

1311

HB 1857. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to pro vide for the election of the members of the board of commissioners of the City of Manchester from election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1858. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1859. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1860. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1861. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that future school superintendents of the Clayton 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 1862. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1863. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1864. 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1865. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide a $20,000.00 homestead exemption from Henry County School District ad valorem taxes for educational purposes for residents of that school district who are 62 years of age but below 65 years of age; to pro vide a $25,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 65 years of age.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 876. By Representative Lupton of the 25th:
A resolution authorizing and directing the State Properties Commission, act ing for and on behalf of the State of Georgia and its Department of Archives and History, to extend a rental agreement concerning certain state owned real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.
Referred to the Committee on State Institutions & Property.

HR 877. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain state owned real property located in Towns County, Georgia, to the United States of America, acting by and through its forest service, in exchange for the conveyance to the State of Georgia by the United States of America of all or portions of certain tracts of real property owned by the United States of America and located in Dawson County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 878. By Representatives Thompson of the 20th and Holmes of the 28th:
A resolution creating the House of Georgia College Savings Bond Study Committee.
Referred to the Committee on Rules.

HR 879. By Representatives Lupton of the 25th and Dover of the llth: A resolution creating the Joint Governmental Organization 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 1799 HB 1800

HB 1801 HB 1802

MONDAY, FEBRUARY 22, 1988

1313

HB 1803 HB 1804 HB 1805 HB 1806 HB 1807 HB 1808 HHBB 11880190
HB 1811
HB 1812
HB 1813
HB 1814
HB 1815
HB 1816

HR 840 HR 841 HR 842 HR 843 SB 410 co coo JSRB 6054
bB bu
SB 625
SB 635
SB 638
SB 645
SR 298

Representative Oliver of the 121st District, Vice-Chairman of the Committee on Agri culture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1806 Do Pass
Respectfully submitted, kl Oliver of the 121st
Vice-Chairman

Representative McDonald of the 12th District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 216 Do Pass, by Substitute HB 1277 Do Pass, by Substitute
HB 1342 Do Pass, by Substitute HB 1529 Do Pass

HR 705 Do Pass HR 749 Do Pass
HR 777 Do Pass, as Amended HR 793 Do Pass, as Amended

Respectfully submitted, /s/ McDonald of the 12th
Chairman

Representative Milford of the 13th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1752 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted, M Milford of the 13th
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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 878 Do Pass, by Substitute HB 1388 Do Pass HB 1627 Do Pass, by Substitute

HB 1647 Do Pass SR 267 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Johnson of the 72nd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 704 Do Pass, by Substitute SB 7 Do Pass SB 15 Do Pass

SB 128 Do Pass SB 129 Do Pass

Respectfully submitted, /s/ Johnson of the 72nd
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolu tion of the House and has instructed me to report the same back to the House with the following eecommendations:
HB 1797 Do Pass HB 1802 Do Pass, as Amended HR 835 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:

MONDAY, FEBRUARY 22, 1988

1315

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 1766 Do Pass HB 1775 Do Pass, by Substitute HB 1778 Do Pass HB 1782 Do Pass HB 1783 Do Pass HB 1784 Do Pass HB 1788 Do Pass

HB 1789 Do Pass HB 1791 Do Pass HB 1792 Do Pass HB 1793 Do Pass HB 1796 Do Pass SB 607 Do Pass

Respectfully submitted, HI Adams of the 36th
Chairman

Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1781 Do Pass HR 831 Do Pass

SR 356 Do Pass SR 245 Do Pass

Respectfully submitted, HI Triplett of the 128th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 22, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 30th Legislative Day as enumerated below:
HB 337 State Board of Equalization: Abolish HB 816 Optometrists: Trade Names in Conjunction With Practice: Auth. HB 1282 Motor Carriers: Annual Licenses: Change Provisions HB 1361 Child Labor: Employment During Vacation: Regulations HB 1363 Child Placement: Agencies: Special Needs Children: Payments HB 1403 Post-Secondary Vocational Ed: Redesignation HB 1404 Handicapped Children: Special Ed Services: Certain Funds HB 1422 County Boards of Education: Meeting Places: Requirement HB 1434 Grandparents: Visitation Rights HB 1489 Insurance: Change of Domicile of Insurer: Examination HB 1528 Anatomical Gifts: Document Witnessed: Eliminate Requirement
HR 756 Chatham County: Conveyance of Certain Property HR 792 Industrial Areas: Removal of Property/Rights of Way - CA HR 799 Marietta State Properties Commission: New Lease

1320

JOURNAL OF THE HOUSE,

members and chairman of the board shall also be reimbursed by the county for their actual expenses they may incur in the performance of the official duties of their office.
(b) The board shall maintain an office at the courthouse to be kept open from 9:00 A.M. to 5:00 P.M. Monday through Friday, except holidays.
(c) The board of commissioners shall meet on the first Tuesday of every month at the courthouse. The board shall have the right to hold special sessions when, in its discretion, the business of the county may require. Special sessions shall be called by the chairman or by a majority of the board, provided that each board member shall be personally notified not less than 72 hours prior to any such special meeting. Three mem bers of the board shall constitute a quorum at any regular or special session of the board."
Section 7. Said Act is further amended by striking Section 11A of said Act in its entirety and inserting in lieu thereof a new Section 11A to read as follows:
"Section 11A. (a) The commissioner shall provide hospitalization insurance for all employees, including elected officials, whose salaries are paid from county funds. The entire cost of such insurance for individual coverage of such employees and officials shall be paid from county funds. Fifty percent of the cost of such insurance for family cover age for such employees and officials shall be paid from county funds and 50 percent of the cost of such insurance for family coverage shall be paid by the employee or official. The commissioner may, however, continue paying from the county treasury the entire cost of hospitalization insurance for persons employed in positions for which hospitaliza tion insurance has been provided entirely from county funds prior to July 1, 1973.
(b) Any employee of the county, including elected officials, may continue to partici pate in the hospitalization insurance program after leaving county employment or after ceasing to hold such public office if:
(1) Such person was employed by the county or served in such office for at least 15 years; and
(2) Such person pays to the county the full cost of such insurance in advance."
Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of Catoosa County for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1990, 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 immedi ately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides for the election of a board of commissioners from districts in Catoosa County?"
( ) NO All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as pro vided in this section, Sections 1 through 4 and Section 6 of this Act and this section shall not become effective and shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Catoosa County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 9. Sections 5 and 7 of 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 10. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 22, 1988

1321

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 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Ramsey of the 3rd stated that he wished to be recorded as voting "nay" on HB 1775.

HB 1782.

By Representatives Colbert of the 23rd and Greer of the 39th:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change certain provi sions relating to qualifications for the office of judge of the municipal 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 1784. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating the Gainesville Area Park Commission, so as to change the name of the commission; to increase the membership of the commission; to provide for the identity of the membership of the commis sion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1788. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relative to voting and quorum requirements of the city council; to change provisions relative to the election of the mayor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1789.

By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court.

1322

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 1791.

By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to amend an Act creating a board of commissioners for Columbia County, so as to change the salary provisions relating to the chairman and other members of the board of commissioners; to provide for an allowance for members of the board to enable such members to carry out their duties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1793.

By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to amend an Act placing the clerk of the Superior Court, the sheriff, and the tax commissioner of Columbia County on a salary basis, so as to change the compensation of the tax commissioner of Columbia 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 1796.

By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairman and other mem bers 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.

SB 607. By Senator McGill of the 24th:
A bill to make provisions for the Magistrate Court of Lincoln County; to pro vide for the appointment of the chief magistrate; to provide for a statement of intent.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 22, 1988

1323

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bills of the House were taken up for consideration and read the third time:

HB 1783.

By Representative Moore of the 139th:
A bill to provide a $10,000.00 homestead exemption from City of Douglas ad valorem taxes for residents of that city who are age 65 years or over and who have adjusted gross income not exceeding $10,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L Y Colbert

Coleman
Y Colwell Y Connell Y Couch
YCox Y Crawford Y Crosby
Cummings.B Cummings,M Y Davis,G Y Davis.M Y Diion
Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster YGaler
Y Godbee Good win
Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Banner Y Harris
Y Hasty 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 McCoy Y McDonald
Y McKelvey McKinney
Y Meadows Milam
Y Milford Y Mobley Y Moody Y Moore
Y Morton

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Orrock Y Padgett Y 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
Y Ramsey.V YRandall
Ransom
Ray Reaves Y Redding Richardson Y Ricketson 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
YSmyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplett YTwiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder Y Williams.B Williams.J Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1792.

By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to provide for a homestead exemption from all Columbia County ad valorem taxes, including taxes to retire bonded indebtedness and including taxes levied for educational purposes, of $8,000.00 for residents of said county who are 65 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

1326

JOURNAL OF THE HOUSE,

SB 575. By Senator Langford of the 35th:
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 that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.

SB 631. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state court) in certain designated counties of this state, as amended, so as to change the compen sation provisions relating to the judge and the solicitor of the State Court of Baldwin County.

SB 640. By Senators Barker of the 18th, Hudgins of the 15th, Langford of the 35th and others:
A bill to amend Code Section 19-1-1 of the Official Code of Georgia Anno tated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.

HB 278. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Anno tated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service.

HB 1238. By Representatives Lane of the 27th, Johnson of the 72nd, Couch of the 40th, Powell of the 145th, Watts of the 41st and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that real property owned by counties, municipalities, and other political subdivisions and public authorities for air port purposes may not be sold or leased to persons who are not citizens of the United States.

HB 1301. By Representative Porter of the 119th:
A bill to amend Code Section 9-11-34 of the Official Code of Georgia Anno tated, relating to the production of documents and things and entry upon land for inspection and other purposes, so as to exclude from production or inspection those documents which are confidential under certain mental health laws.

HB 1305. By Representatives Jackson of the 9th and Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals.

MONDAY, FEBRUARY 22, 1988

1327

HB 1326.

By Representatives Lee of the 72nd and Patten of the 149th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Anno tated, relating to qualifying fees for party and public offices, so as to change the provisions relating to the distribution of qualifying fees paid to county and state political parties.

HB 1382. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd and Williams of the 48th:
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 generally, so as to authorize the tax commissioner of each county to require certain private persons processing applications for motor vehicle registration to give annual performance bonds.

HB 1436.

By Representatives Lawler of the 20th, Mostiler of the 75th, Kilgore of the 42nd and McDonald of the 12th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties.

HB 1558.

By Representatives McDonald of the 12th, Stancil of the 66th and Pettit of the 19th:
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 farm wineries shall be authorized to sell wine during certain hours on Sunday.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1518. By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.

HB 1371. By Representatives Smyre of the 92nd, Smith of the 152nd, Childers of the 15th, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to create the Commission of Children and Youth.

The Senate has agreed to the House amendment to the following Bill of the Senate

SB 492. By Senator Hine of the 52nd:
A bill to amend Chapter 3 of Title 5 of the Official Code of Georgia Anno tated, relating to appeals to the superior court, so as to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties.

1328

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:

SR 350. By Senator Hine of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage; to pro vide for the submission of this amendment for ratification or rejection.

SR 376 By Senator Turner of the 8th: A resolution designating the James G. Connell Bridge.

HR 591. By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Foster of the 6th:
A resolution authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia.

HR 627. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia.

HR 720. By Representative Colbert of the 23rd:
A resolution designating that portion of State Highway 9 within the bound aries of the City of Roswell as the W. L. "Pug" Mabry Highway.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 549. By Senators Edge of the 28th, Tysinger of the 41st, Crumbley of the 17th and others:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to the visitation rights of grandparents generally, so as to allow a grandparent to file an original pleading to obtain visitation rights to a minor child in the custody of both parents; to provide limitations on the filing of such pleadings; to provide for petitions for revocation or amendment of such visitation rights.
Referred to the Committee on Judiciary.

SB 575. By Senator Langford of the 35th:
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 that failure to comply with certain requirements regarding telephone solicitations of printed materials shall be deemed to be unfair or deceptive acts or practices; to provide for definitions.
Referred to the Committee on Industry.

MONDAY, FEBRUARY 22, 1988

1329

SB 631. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state court) in certain designated counties of this state, as amended, so as to change the compen sation provisions relating to the judge and the solicitor of the State Court of Baldwin County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 640. By Senators Barker of the 18th, Hudgins of the 15th, Langford of the 35th and others:
A bill to amend Code Section 19-1-1 of the Official Code of Georgia Anno tated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.
Referred to the Committee on Judiciary.

SB 652. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to provide for the salary and compensation of the official court reporters of said circuit; to provide for related matters.
Referred to the Committee on Judiciary.

SB 656. By Senator Echols of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County so as to change the provisions relating to the compensation of the tax commissioner; to change the manner of compensating personnel and employees of the tax commissioner; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 657. By Senators Ragan of the 32nd, Barnes of the 33rd, 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 provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 350. By Senator Hine of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage; to pro vide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Health & Ecology.

SR 376. By Senator Turner of the 8th: A resolution designating the James G. Connell Bridge.
Referred to the Committee on Transportation.

1330

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1234.

By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commis sion, in its discretion, to deregulate or not provide a tariff on certain services of telecommunications companies.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 337. By Representative Groover of the 99th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to abolish the State Board of Equal ization; to repeal certain provisions for the return and assessment of public utility property for ad valorem school tax purposes, thereby providing for the return and assessment of such property in the same manner as other tangible property.

The following Committee substitute was read:

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 ad valorem taxation of public utilities; to change the method of assessment of property of public utilities; to revise the duties and responsibilities of the State Board of Equalization; to revise certain proce dures used in compiling the equalized adjusted school property tax digests; to provide conforming amendments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended by striking Code Section 48-2-18, relating to the State Board of Equalization, and inserting in its place the following:
"48-2-18. (a) There is established a board composed of the commissioner, the state auditor, and the executive director of the State Properties Commission.
(b) The board created by this Code section shall be designated the State Board of Equalization. The chairman and administrative officer of the board shall be the commissionsr. lift sod.ition to its other uirti&s, tiic DO&TG snflll ticsf flRct d.ctcPKiiR All ftppcftis oy tflxpftycfs wiio &PC rocjuircd by IAW to PCturn trieIP property for tsxfltion to HIG commissioner. Each year, when the digest of assessments proposed by the commissioner is complete, the commissioner shall submit the digest to the State Board of Equalization which shall carefully examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with

MONDAY, FEBRUARY 22, 1988

1331

the values set on other classes of property throughout the state. If the board determines that the proposed assessed values of any one or more of the classes of taxpayers or prop erty or the digest as a whole does not reasonably conform to the values set for other property throughout the state, it shall inquire as to the reason for the lack of conformity and shall adjust and equalize the same by either adding or subtracting a fixed percent age to the class of taxpayer, to the class of property, or to the digest as a whole, as the case may be.
(c) As chairman and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and records or other documents as he is empowered to dp in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commis sioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within 30 days each taxpayer in writing of the pro posed assessment of its property and shall state the notice that the taxpayer shall
? dflys 11101* tlie dftte OH wnicn tfte notice WQS HWHMSCT tR wziictt to suDmit to *nc sioner fl written 6tppefti of tne proposcd sssessed vftru&tion flnu peQucst ft e the appeal. At the same time, the commissioner shall notify in writing the board of tax assessors of such county of the total proposed assessment of the property located within the county of taxpayers who are required to return their property to the commis sion. \Q.) \ I/ IT ft timely flppe&i find recjuest IOF ft ncflring pursuftnc to 11113 v^ooe section 19 not mflde, trie proposcd sssessmeftt snftlx Decome find! flnd cone1usivc ftt tnc* close ef the twentieth day after the notice was mailed. Except as otherwise specifically provided Dy iftw IOP one or mope of trie ciosscs of persons wfto return tneip properties to
and penalty shall be as provided hy laws applicable te property taxpayers generally. \sj--if d timely flppe&i And fecjuest TOP ft fie&ping TS m&de^ trie tflxpsyep sndii pfty
fts tney would Decome due m trie flDsence of &n &ppefli &ii toxes wfiicn &pe not dis~ putcd, oftsed upon me vfliues st&ted VR tfte tdxpflyer 8 PCturn ftnct ftny otner DSSIS TOP peliei ftutnopizcd oy stflte OP ledcpftl iflw, to^ethep witn flny spplicflDle interest &nd pcnflity. JJuPin0 tiie pendeftcy ot tne ftppefll oeiope tfte otste isoftpct of t-jc^us.tizfttion and any subsequent judicial review interest shaH aeerae at the rate provided hy Gede Section 48-2-40 e aH unpaid amounts that are finally determined te he payable.
(3)--The State Beard ef- Equalization shaH have jurisdiction te hear ad- determine ail issues raised hy the taxpayer m the appeal. The heard- shaft make findings ef feet and conclusions ef-law ad issue aerder embodying its decision.
(4)--The State Beard ef Equalization ay conduct hearings 4tsetf -at it may appoint one OP fftope neflPin^ otticeps opt ft turi OP pflpt11ni'e Dftsis to conduct tiefirings ftnd ppc~ pare recommended dispositions fer consideration hy the board. The heard- acting through the commissieBer and its hearing officers shaH have authority te;
4A)--Administer oaths and affirmations; {B)--Sig and issue subpoenas for trial and (ot discovery and otherwise authorize dnd FCguiflte discovery tti proceedm^s DCtore tfte ooftpd (jy tne 9ftme metnods ppeTM scpioed oy iflw IOP discovery ~ift civil setions tfi tne supepiop courts of tnis stfltcj {)--fttrie upon offers ef- proof; (.jj^--Wegulftte tne course of iicflpin^Sj inciuuin ttieip time, pi&cc^ flnd flny con* tinuances thereof; ^E)--Take official notice ef- judicially recognizable facts; (F)--Receive and consider nonprivHeged matters aet strictly admissible nder the rules of evidence) giving tiierft sucn weight fts flppeftps proper TPI tne cipcumstsnces \ dftd (.vj^ KepPiHiftnd ftnd exclude iron) ft neftPiRg flny pepson IOP indecorous OP improper conduct committed at er daring a hearing. \u)--if flny person wiliiuiiy iftils OP peruses to ooey & suopoenft issued pupsudnt co paragraph {4} ef- this subsection, it shall be the duty ef- the judge ef- the superior eeurt ef any county, upon application ef the heard er the hearing officer, te isstte a attach-

1336

JOURNAL OF THE HOUSE,

"48-5-519. (a) Any person owning, leasing, furnishing, or operating any kind of rail road cars on any railroad in this state shall be deemed a railroad equipment company. Every railroad equipment company shall be required to make returns to the commis sioner and shall be taxed as follows:
(1) Ascertain the total number and the value of all cars of the railroad equipment company, the total car-wheel mileage made by the cars in the United States, and the total car-wheel mileage in this state;
(2) Tax the cars at the regular rate imposed on property in this state on a valua tion based on the proportion to the entire value of the cars that the car-wheel mileage made in this state bears to the entire car-wheel mileage of the cars in the United States; and
(3) Ascertain the total track mileage in each local tax jurisdiction in this state and tax the cars at the regular rate imposed on property in each local tax jurisdiction on a valuation based on the proportion to the entire value of the cars as determined in paragraph (2) of this subsection that the track mileage in the local tax jurisdiction bears to the entire track mileage in this state. (b) The returns shall be made to the commissioner by the chief executive officer in charge of the cars in this state. The final assessment of the property of railroad equip ment companies shall be fixed in the same manner as the proposed assessments of prop erty of public utilities under this article and Code Section 48-2-18, except that with respect to railroad equipment companies such assessment shall be final rather than pro posed. Any railroad equipment company may bring in the Superior Court of Fulton County a de novo action of the assessment so fixed. (c) For the purposes of this Code section, a railroad company operating a railroad is not a railroad equipment company. (d) (1) The commissioner shall collect all taxes levied by this Code section and shall remit all taxes collected to the authorities entitled thereto, less 1 percent of the amount collected, which shall be paid into the general fund of the state treasury in order to defray the costs of collection.
(2) The commissioner may submit tax bills to railroad equipment companies in one or more stages each year; and the taxes reflected in each bill shall be due 60 days after the commissioner mails the bill to the company and, if not so paid, shall bear interest at the rate specified in Code Section 48-2-40 and become subject to penalty in accordance with Code Section 48-2-44. The commissioner shall remit the taxes col lected at least once each year. In arriving at the amount to be billed in each instance, the commissioner shall utilize the millage rate established by each taxing jurisdiction for the year in question unless no such rate has been finally established at the time the bill in question is prepared, in which case the commissioner may decline to include such jurisdiction in the billing or may utilize a millage rate established by court order.
(3) All taxes collected under a millage rate which is later changed shall be col lected subject to adjustment upward or downward, as the case may be. Such adjust ments may be billed or refunded separately or may be made by offset the following year, in the discretion of the commissioner. If any refunds are made separately, they shall be made by the local taxing jurisdiction.
(4) This subsection shall apply to all tax years beginning on or after January 1, 1981."
Section 10. Said title is further amended by striking Code Section 48-5-521, relating to ad valorem taxation of railroad companies, and inserting in its place a new Code section to read as follows:
"48-5-521. (a) The commissioner shall assess the amount ef- tax de propose, and the appropriate local tax officials shall fix, an assessment on each railroad company's property in each of the counties and municipalities of the state in the following manner:
(1) The tax shall be assessed upon the property located in each county and municipality on the basis of the value given in the returns; and
(2) The amount of tax to be assessed upon the rolling stock and other personal property is as follows: as the value of the property located in the particular county or municipality is to the value of the whole property, real and personal, of the

MONDAY, FEBRUARY 22, 1988

1337

company, such shall be the amount of rolling stock and other personal property to be distributed for taxing purposes to the county or municipality. (b) The value of the property located in each county or municipality and the share of the rolling stock and personal property thus ascertained and apportioned to each of such counties or municipalities shall be the amount to be taxed to the extent of the assessment in each county and municipality."
Section 11. Said title is further amended by repealing in its entirety Code Section 48-5-523 which reads as follows:
"48-5-523. If any public utility affected by this article desires to resist the collection of the tax provided in this article or disputes the taxability of its property, the public utility through its chief executive officer or his personal representative, after making the return required by Code Section 48-5-511 and after paying the tax levied on the public utility and continuing to pay the tax while the question of its liability remains undeter mined, may resist the collection of the tax by filing an affidavit of illegality to the execution or other process issued by the commissioner stating fully and distinctly the grounds of resistance. The affidavit of illegality shall be returnable to the Superior Court of Fulton County and shall be determined there as other illegalities are deter mined. An affidavit of illegality filed pursuant to this Code section shall have precedence over all other cases in the court as to time of hearing and shall have the same rights of motions for new trial and appeal as in other cases of illegality. The commissioner shall be represented by the Attorney General. If the grounds of an affidavit of illegality are not sustained, the commissioner, after crediting the process with the amount paid, shall proceed to collect the remainder due under this article. If at any time during the pendency of any litigation the public utility fails to pay the tax required to be paid as a condition of hearing, the illegality shall be dismissed and no second affidavit of illegal ity shall be allowed. The illegality may be amended as other affidavits of illegality are amended and shall always be accompanied by good bond and security for the payment of the tax execution issued by the commissioner.", and inserting in its place the following:
"48-5-523. Reserved."
Section 12. Said title is further amended by striking Code Section 48-5-542, relating to assessment of property of airline companies, and inserting in its place a new Code section to read as follows:
"48-5-542. The commissioner shall scrutinize carefully each return made to him and, if in his judgment it is necessary, he shall assess, in arriving at a proposed assessment adjust, equalize, and apportion the valuation of all aircraft of each airline company of any type or model operated in this state by the airline company by such type or model. The aircraft shall be valuatcd valued by the department in the same manner as other personal property in the state is valuated."
Section 13. Said title is further amended by striking Code Section 48-5-544, relating to assessment and levy of ad valorem tax on aircraft, and inserting in its place a new Code section to read as follows:
"48-5-544. Each local tax jurisdiction to which the a proposed valuation of aircraft is apportioned by the commissioner shall add such apportioned valuation assess its apportionment of aircraft to its tax digest and shall levy and collect a tax upon the apportioned valuation thereupon as it does upon other property subject to taxation in that jurisdiction."
Section 14. Said title is further amended by striking Code Section 48-5-545, relating to assessment of flight equipment and aircraft, and inserting in its place a new Code section to read as follows:
"48-5-545. The proposed assessed valuations for flight equipment and aircraft shall be submitted by the commissioner to the State Board of Equalization for its review in the same manner as required by law for other classes of property which are returned for ad valorem taxation to the commissioner. AH appeals by taxpayers required to retw their property aedef this article shall be matte the same manner provided by law for

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JOURNAL OF THE HOUSE,

sppcflis oy other tflxpflyePs wno &re rccjuircd to return their property lor fld vfliorewi

Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all tax years beginning on or after January 1, 1989.
Section 16. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Lawler of the 20th and Richardson of the 52nd move to amend the Committee substitute to HB 337 as follows:
Add on Line 4, Page 3, after "county" ", as outlined in Georgia Code Annotated 48-5-511.".

Representatives Ramsey of the 155th and Smith of the 156th move to amend the committee substitute to HB 337 by adding after the semicolon on line 4 of page 1 the following:
"to provide for local assessment; to provide for state assistance in the event of appeals;".
By adding after the period on line 3 of page 7 the following:
"In the event of an appeal, the department shall, upon request of the local board of tax assessors and without any charge or cost therefor, provide the local board of tax assessors with any and all technical assistance available from the resources of the department, including without limitation expert testimony by the employees of the department."
The following amendment was read:

Representative Beck of the 148th moves to amend the Committee substitute to HB 337 as follows:
By inserting the following language at the end of line 6 on page 3:
"At the same time, the commissioner shall notify in writing the affected taxpayers of his proposed assessment. If any such taxpayer notifies the commissioner and the board of tax assessors in any such county of its intent to dispute a portion of the proposed assessment within 20 days after receipt of the notice, the county board of tax assessors shall include in the county digest only the undisputed amount of the assessment, and the taxpayer may challenge the commissioner's proposed assessment in an appeal filed in the Superior Court of Fulton County within 30 days of receipt of the notice. In any such appeal the taxpayer shall have the right of discovery as provided in the Georgia Civil Practice Act. Upon conclusion of the appeal, the taxpayer shall remit to the appro priate counties any additional taxes owed, with interest at the rate provided by law for judgments.".
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 Y Aiken Y Alford
N Alien

Y Athon
Y Atkins Y Bailey N Balkcom Y Bannister
Y Bargeron

N Barnett,B
Y Barnett,M Y Beck Y Benefield Y Benn
Y Birdsong

Y Bishop
Y Bostick N Branch
Brooks Y Brown
Y Buck

N Buford
Y Byrd Y Carrell N Carter Y Chambless
Y Chance

MONDAY, FEBRUARY 22, 1988

Y Cheeks N Childers N Clark,B Y Clark.H Y Clark,L Y Colbert
Y Coleman N Colwell Y Connell Y Couch YCox Y Crawford N Crosby
Cummings.B Cummings.M Davis.G Y Davis.M N Dixon
Y Dobbs Y Dover
Y Dunn
Y Edwards
Y Felton
N Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene

N Greer Y Gresham Y Griffin
N Groover N Hamilton
Hanner N Harris Y Hasty Y Heard Y Hensley N Herbert Y Holcomb Y Holmes Y Hooks N Hudson Y Isakson N Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R
Kilgore N Kingston Y Lane.D Y Lane.R N Langford
Y Lawler Y Lawrence N Lawson YLee

Linder
YLong YLord N Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows YMilam N Milford Y Mobley Y Moody Y Moore YMorton
N Mostiler Y Moultrie Y Mueller Y Oliver.C N Oliver.M 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
YRainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom NRay
Reaves N Redding N Richardson Y Ricketson
Y Robinson N Royal Y Selman Y Shepard N Sherrod N Simpson Y Sinkfield Y Sizemore
Y Smith,L Y Smith.P
Smith.T Y Smith,W
Smyre

On the adoption of the amendment, the ayes were 123, nays 40. The amendment was adopted.

1339
YSnow Y Stancil Y Stanley
Steinberg Y Stephens N Thomas.C Y Thomas,M N Thompson Y Thurmond Y Tolbert Y Townsend N Triplett
Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall N Ware N Watson Y Watts
White Y Wilder Y Williams.B
William8,J N Wilson N Wood Y Workman
Yeargin 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
N Adams.G N Adams.M N Aiken Y Alford Y Alien Y Athon
N Atkins N Bailey Y Balkcom N Bannister N Bargeron N Barnett.B N Barnett,M
NBeck Y Benefield
NBenn N Birdsong Y Bishop N Bostick Y Branch
Brooks Y Brown
YBuck Y Buford YByrd Y Cairell Y Carter N Chambless Y Chance

N Cheeks Y Childers N Clark,B N Clark,H
Y Clark.L N Colbert Y Coleman Y Colwell Y Connell N Couch NCox
Y Crawford Y Crosby
Cummings.B N Cummings.M Y Davis.G N Davis.M Y Dixon N Dobbs
N Dover YDunn Y Edwards N Felton N Floyd N Foster Y Galer N Godbee
N Goodwin Y Green N Greene

Y Greer N Gresham
N Griffin Y Groover Y Hamilton Y Hanner
Y Harris N Hasty N Heard N Hensley N Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson N Isakson N Jackson,J N Jackson.W N Jamieson N Johnson,D Y Johnson.R
Kilgore Y Kingston
N Lane.D NLane,R Y Langford Y Lawler N Lawrence N Lawson YLee

Linder NLong NLord
Y Lucas N Lupton Y Mangum
Y Martin Y McCoy N McDonald N McKelvey N McKinney N Meadows Y Milam Y Milford
Y Mobley Y Moody
Moore N Morton N Mostiler N Moultrie N Mueller N Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish N Patten N Peters

Y Pettit N Phillips
Y Pinkston N Pittman
N Porter N Powell N Prichard
Y Rainey N Ramsey.T
Y Ramsey.V N Randall N Ransom YRay
Reaves Y Redding Y Richardson N Ricketson N Robinson Y Royal
Y Selman N Shepard Y Sherrod Y Simpson N Sinkfield
Y Sizemore N Smith.L N Smith,P
Smith.T Y Smith,W
N Smyre

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JOURNAL OF THE HOUSE,

Y Snow
N Stancil N Stanley Y Steinberg Y Stephens Y Thomas.C

N Thomas.M
Y Thompson Y Thurmond N Tolbert N Townsend Y Triplett

Twiggs
N Waddle N Waldrep Y Walker.C Y Walker,L N Wall

Y Ware
Y Watson Y Watts
White Y Wilder N Williams.B

Williams,J
Y Wilson N Wood Y Workman
Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 84, nays 84.
The Bill, by substitute, as amended, having failed to receive the requisite constitu tional 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 HB 337, by substitute, as amended.

Representative Davis of the 29th stated that she inadvertently voted "aye" on the pre ceding roll call. She wished to be recorded as voting "nay" thereon.

HB 1434.

By Representatives Herbert of the 76th, Richardson of the 52nd, Mostiler of the 75th, Townsend of the 24th and Steinberg of the 46th:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to the parent and child relationship, so as to change the provisions relating to visitation rights of grandparents and actions related thereto.

The following amendment was read and adopted:

Representative Adams of the 79th moves to amend HB 1434 by adding in the title at the end of line 9 of page 1 the following:
"provide that whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative, the court may grant reasonable visitation rights to the maternal and paternal grandparents of the child; to provide that when a grandparent with visitation rights to a child files objections to a petition for adoption of the child filed by a blood relative of the child, the court shall have the authority to grant or continue such visitation rights of the grandparent to the child in the adoption order in the event the adoption by the blood relative is approved by the court; to".
By adding on line 31 of page 3, following the word "child" and preceding the period, the following:
"or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative, notwithstanding the provisions of Code Section 19-8-14".
By renumbering Section 2 on page 4 as Section 3 and adding between lines 17 and 18 on page 4 a new Section 2 to read as follows:
"Section 2. Said title is further amended by striking in its entirety Code Section 19-8-10, relating to when objections may be filed by relatives to petition for adoption, and inserting in lieu thereof a new Code Section 19-8-10 to read as follows:
'19-8-10. If the child sought to be adopted has no father or mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a

MONDAY, FEBRUARY 22, 1988

1341

good reason for denying the petition and the court shall have the authority to grant or continue such visitation rights of the grandparent to the child in the adoption order in the event the adoption by the blood relative is approved by the court.'"
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 N Alford Y Alien N Athon Y Atkins
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch N Brooks Y Brown
Buck N Buford YByrd
Y Carrell Y Carter
N Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
N Crawford Crosby Cummings.B
Y Cummings.M N Davis.G N Davis.M Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin N Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Y Holmes
Y Hooks Y Hudson Y Isakson
N Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R N Langford Y Lawler Y Lawrence
N Lawson NLee Y Under YLong YLord
Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam
Y Milford Y Mobley
Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver.C N Oliver.M N Orrock
Y Padgett Y Pannell
Y Parham N 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 Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson N Robinson Y Royal Y Selman Y Shepard Y Sherrod N Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre YSnow
N Stancil Y Stanley Y Steinberg Y Stephens N Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle N Waldrep
Walker.C Y Walker.L Y Wall N Ware Y Watson
Y Watts Y White Y Wilder
Y Williams,B Williams,J
Y Wilson N Wood Y Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 141, nays 23.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Bailey of the 72nd, Smyre of the 92nd and Walker of the 85th stated they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1434, as amended, was ordered immediately transmitted to the Senate.

SB 99. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide that proceedings on a petition challenging the legality of a sentence of death imposed by a state court of record may be transferred after filing and service to the county in which the sentence was imposed.

1342

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that a request for judicial assistance may be made in death penalty habeas corpus cases to the president of The Council of Superior Court Judges of Georgia; to pro vide for the assignment of cases by the president of The Council of Superior Court Judges of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety subsection (b) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, and inserting in its place a new subsection (b) to read as follows:
"(b) (1) The chief judge of any court of this state may make a written request for assistance to the chief judge of any other court, a senior judge of the superior court, a retired judge, or a judge emeritus of any court. The request by the chief judge may be made if one of the following circumstances arise arises:
(A) (i) A judge of the requesting court is disqualified for any cause from pre siding in any matter pending before the court;
(B) {3} A judge of the requesting court is unable to preside because of disabil ity, illness, or absence; or
(C) {&) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. (2) When a petition for habeas corpus is filed in a case in which the petitioner is under a sentence of death, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. When a request is received, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey
Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop

Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L Y Colbert Y Coleman Y Colwell

Y Connell Y Couch YCox Y Crawford Y Crosby
Cummings,B Y Cummings.M
Davis.G Y Davis,M
Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Poster 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
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

MONDAY, FEBRUARY 22, 1988

1343

Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Y Mostiler
Y Moultrie Y Mueller Y Oliver.C

Oliver.M 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
Ray
Reaves Y Redding Y Richardson Y Ricketson 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 Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Tolbert
Y Townsend
Y Triplett Y Twiggs

Waddle Y Waldrep
Walker.C
Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
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 substi tute.

HR 799. By Representatives Wilson of the 20th, Clark of the 20th, Hensley of the 20th, Isakson of the 21st, Aiken of the 21st and others:
A resolution authorizing the State Properties Commission to negotiate a new lease with the City of Marietta, Georgia, combining two current lease agree ments on three tracts of certain state owned real property in Cobb County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Y Adams.G Y Adams.M 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 Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B

Y Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell Y Couch
Cox Y Crawford
Y Crosby Cummings.B
Y Cummings.M Y Davis.G Y Davis.M
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 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 McCoy Y McDonald

Y McKelvey
McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M 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 Randall Y Ransom

YRay Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson
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
Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

1344

JOURNAL OF THE HOUSE,

Walker.C YWalker.L YWall

Y Ware Y Watson Y Watts

Y White Y Wilder Y Williams,B

Williams,J Y Wilson Y Wood

Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1403.

By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to redesignate the provisions relating to post-secondary vocational education and place them in a separate article.

The following Committee substitute was read and adopted:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the name of the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education; to create the office of adult literacy within the State Board of Technical and Adult Education; to provide for the powers, duties, and responsibilities of the State Board of Technical and Adult Education in pro viding technical education, adult education, and general educational development pro grams; to change the name of the executive director of postsecondary and vocational education to the commissioner of technical and adult education; to create the Adult Liter acy Advisory Committee; to establish the Department of Technical and Adult Education and to provide for its powers, duties, and responsibilities; to empower the Department of Technical and Adult Education to buy and sell real and personal property in connection with its postsecondary technical education program; to transfer from the Department of Education to the State Board of Technical and Adult Education such authority, provi sions, and personnel positions presently used by the Department of Education to adminis ter adult literacy and general educational development programs; to redesignate the provisions relating to postsecondary technical education; to make certain editorial correc tions by changing references in the provisions relating to the quick start program from the State Board of Education to the State Board of Technical and Adult Education; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration, so as to change a refer ence to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in their entirety Code Sections 20-2-304, 20-2-311, 20-2-1140, 20-2-1141, and 20-4-100, which read as follows:
"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

MONDAY, FEBRUARY 22, 1988

1345

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.
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

1346

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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 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

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Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the 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.
(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 1, 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 vocationaltechnical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System

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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 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 1, 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 1, 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 r.o 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

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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. (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 established 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 1, 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.
20-2-1140. (a) It shall be the duty of the State Board of Education and it shall have the power:
(1) To perform research, collect data and statistics, and procure surveys of any and all communities, districts, or vicinities of the state looking to the obtaining of a more

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detailed, definite, and particular knowledge as to the true conditions of the state with regard to its adult illiteracy;
(2) To encourage and promote the establishment of schools for adult illiterates and to cooperate with other state, county, or federal agencies in the elimination of adult illiteracy;
(3) To report regularly the results of its labors to the General Assembly; (4) To interest persons and institutions in the dispensation of any and all funds and endowments of whatsoever kind which will or may aid in the elimination of the adult illiteracy of the state; and (5) To do or perform any other act which in their discretion will contribute to the elimination of the state's adult illiteracy by means of education, instruction, and enlightenment. (b) The state board may receive, accept, hold, own, distribute, and expend any and all funds or other things of value with which it may be endowed or may otherwise receive for the purpose of educating, instructing, or enlightening illiterate persons in this state. The board shall be controlled by such regulations as it may adopt for the expendi ture or disbursement of such funds; provided, however, that any and all such funds which may come to the hands of the state board shall be expended in keeping with the general purposes of this Code section and Code Section 20-2-1141. 20-2-1141. The State Board of Education shall adopt such rules and regulations as may seem expedient to it for the carrying on of its business in regard to adult illiteracy in the manner which shall seem to it most systematic and satisfactory. 20-4-100. (a) The State Board of Postsecondary Vocational Education is authorized and directed to promulgate rules and regulations for the charging of tuition fees by vocational-technical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Vocational Education. (b) Any vocational-technical school operated by a local board of education, an inde pendent board of trustees, or the State Board of Postsecondary Vocational Education shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the State Board of Postsecondary Vocational Education. (c) The State Board of Postsecondary Vocational Education may from time to time amend its rules and regulations concerning charging of tuition fees. (d) Tuition fees charged by vocational-technical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Voca tional Education shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources. (e) The State Board of Postsecondary Vocational Education shall not withhold from any vocational-technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the State Board of Postsecondary Vocational Education to such school by contract, grant, or otherwise."
Section 2. Said title is further amended by striking Article 2 of Chapter 4 which reads as follows:
"ARTICLE 2
20-4-20. The State Board of Education is authorized to locate, set up, establish, operate, maintain, and carry on state area trade, vocational, and industrial schools for teaching vocational, industrial, and trade subjects.
20-4-21. To better enable the State Board of Education to locate properly and carry on the state area schools as provided in Code Section 20-4-20, the state board is author ized to contract for and purchase real estate and building sites; to build, construct, and properly equip and maintain for teaching and boarding students all necessary buildings and houses; and to contract for, purchase, maintain, repair, and supply all necessary machinery, equipment, instructional supplies, and maintenance equipment.
20-4-22. The State Board of Education is authorized: (1) To accept and receive donations and gifts of both real and personal property,
including machinery and equipment, from either public or private sources if offered

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unconditionally or under conditions related to the teaching of vocational, industrial, or trade courses;
(2) To accept, receive, use, distribute, and administer any and all appropriations that may be made by Congress to assist the state in the maintenance and operation of state area trade, industrial, or vocational schools;
(3) To administer all funds allocated or appropriated by the state for setting up, maintaining, and operating such state area schools;
(4) To manage, administer, and use all funds that may be given or donated by individuals or other public or private agencies for setting up, maintaining, and oper ating such state area schools; and
(5) To allocate and distribute to the different state area schools established by virtue of this article in such proportions as may in its discretion be most advantageous to the state as a whole any and all machinery and equipment which is owned or held by the state board or which may hereafter be obtained or acquired. 20-4-23. The State Board of Education is authorized to adopt, promulgate, and establish rules and regulations for the operation of state area trade, vocational, and industrial schools; to provide for the entrance and enrollment of students for courses; to fix and prescribe courses of study to be taught; to prescribe the ages, requirements, and conditions under which students may be received for instructions in such schools; and to prescribe and arrange for classes and courses in the different vocations and trades. 20-4-24. The State Board of Education is authorized to employ necessary teachers, supervisors, and directors of vocational training for carrying on and operating area trade schools set up, established, and operated by virtue of the authority invested in the state board by this article; and the state board is authorized to fix and pay the salaries and expenses of such employees out of funds made available by appropriations of Congress, the state, and gifts or donations for such purposes. The state board is also authorized where funds are made available therefor to provide for transportation of trainees to and from state area schools established under authority of this article, this power to be exer cised in the discretion of the state board. 20-4-25. (a) Each person employed on a full-time basis by a state area trade, voca tional, or industrial school shall be entitled to sick leave with full pay computed on the basis of 1 M working days for each completed school month of service, such leave to be cumulative over each school year; provided, however, unused sick leave may be accumu lated under rules and regulations adopted by the State Board of Education. Such an employee may utilize sick leave upon the approval of the director of the school in which such employee is employed for absence due to illness or injury or necessitated by expo sure to contagious disease in which the health of others would be endangered by his attendance on duty or due to illness or death in the employee's immediate family. Employees shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other nonwork days. No employee utilizing sick leave under this Code section shall be required to pay the cost of employing a substitute to serve in his absence on such sick leave.
(b) During any school year, an employee covered by subsection (a) of this Code section may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from his duties for personal or professional reasons if prior approval of his absence is given by the director or his authorized representative.
20-4-26. Nothing in this article shall be construed as repealing, changing, or modi fying any of the laws now in force relative to vocational training in the public schools of the state or as repealing, changing, or modifying the laws relative thereto or the method of distribution of funds to public schools for teaching vocational subjects; but this article shall be construed as giving and granting additional and supplemental powers relative to the teaching of vocational subjects and courses.", and inserting in lieu thereof a new Article 2 to read as follows:
"ARTICLE 2
20-4-10. (a) There is established a State Board of Technical and Adult Education consisting of not fewer than 15 members who shall be appointed by the Governor and

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confirmed by the Senate for five-year terms, one from each congressional district and five at-large members. Members shall represent business, industry, or economic develop ment. The board shall elect from its members a chairperson, vice chairperson, 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, resigna tion, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office.
(b) As used in this article, the term 'state board' means the State Board of Technical and Adult Education.
20-4-11. The State Board of Technical and Adult Education shall be empowered to:
(1) Provide for a comprehensive program of literacy, career, occupational, and technical education for adults and out-of-school youths. Such program shall promote the economic well-being of Georgia citizens by providing high quality postsecondary technical and adult literacy education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment and which is highly responsive to individuals needing to achieve basic, general and specialized literacy. Such program shall also provide a system of schools which is a full partner in the eco nomic development and expansion of the state's economic base and represents a sig nificant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state;
(2) Establish and promulgate standards, rules, regulations, and policies for the orderly and efficient operation of the Department of Technical and Adult Education and of postsecondary technical schools, programs, and institutions, including those which it operates and those operated by local and area boards of education, and for the orderly and efficient provision of adult literacy education programs:
(A) Such standards, rules, regulations, and policies may include but not be limited to developing criteria for the recruitment, employment and retention of fac ulty and staff; recruitment of students and student admissions; program approval, salaries and salary supplements, tuition, and fees; eligibility of public and private providers of adult literacy education programs for state and federal funds, levels of funding for such providers and associated levels of required provider matching funds; long and short-term planning to include facilities, program standards, and outcome competencies; establishing provisions for appropriate recognition of pro gram achievement below the baccalaureate level; soliciting resources from the pri vate sector; industry and education partnerships; research and data collection;
representing postsecondary technical and adult literacy education in all forums; and such other functions necessary to assure an effective and efficient state-wide system
of postsecondary technical schools and adult literacy education with leadership at
the state level; and (B) For adult literacy programs, the state board shall establish:
(i) One set of standards for public adult literacy providers and another set of standards for private adult literacy providers. The public standards shall be
more comprehensive and detailed than the private standards; and (ii) Standards and requirements for the attainment of a high school
equivalency certificate which shall be comparable to the high school graduation requirements set by the State Board of Education for public school programs and
which shall also be at least equal to the requirements established for a general educational development equivalency diploma. The State Board of Technical and
Adult Education shall also adopt and administer an instrument to measure the level of achievement required to obtain a high school equivalency certificate;
(3) Select and employ a commissioner of technical and adult education and fix his compensation, duties, and responsibilities consistent with the provisions of this article.
The commissioner shall:

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(A) Exercise the overall supervision and direction of the Department of Techni cal and Adult Education and shall serve at the pleasure of the State Board of Tech nical and Adult Education. The State Board of Technical and Adult Education may assign and delegate to the commissioner such responsibilities, powers, and duties as the State Board of Technical and Adult Education may deem proper and appropri ate, including the authority to execute on behalf of the State Board of Technical and Adult Education legal documents and other filings; and
(B) Be responsible for implementing the policies of the State Board of Technical and Adult Education and for the day-to-day operations of the Department of Tech nical and Adult Education. The commissioner shall develop job descriptions for the necessary administrative, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the Department of Technical and Adult Education;
(4) Establish an Adult Literacy Advisory Committee to advise and assist the state board in developing goals, objectives, policies, methods, and standards for the delivery of adult literacy programs. This committee will further assist the state board by com municating and facilitating the adoption of such goals, objectives, policies, methods, and standards by the organizations and groups which its members represent. Each member of this committee shall be reimbursed for actual expenses incurred in per forming his or her duties as provided in Code Section 20-4-12 for state board mem bers;
(5) Establish local boards of directors for postsecondary technical schools which the state board operates to assist the state board in carrying out its mission. The pur pose of such boards shall be to facilitate the delivery of programs, services, and activi ties as directed by the state board. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all mem bers 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 busi ness, industry, or economic development. 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 least eight times per year. Each member of such local boards of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members;
(6) Establish service delivery areas as required to carry out the state board's mis sion in delivering, supervising, funding, administering, coordinating, and monitoring adult literacy education; and
(7) Establish a local adult literacy advisory committee for each service delivery area which it establishes. The purpose of each such committee shall be to identify and recommend goals, objectives, target groups, programs, curricula, and delivery methods for adult literacy programs; to develop and recommend associated short and longrange plans; to recommend a fiscal agent; and to perform other activities as may be directed by the state board to provide for the most effective and efficient delivery of adult literacy programs in the local committee's service delivery area. The state board shall establish the number of members of each local committee and the terms of office thereof, provided that all members of any local committee shall represent the area defined by the state board to be the adult literacy service delivery area; provided, fur ther, that the membership of each local committee shall include local civic leaders and representatives of adult literacy providers, business, and industry. The state board shall be empowered to establish and approve all bylaws and actions of all local committees. Each local committee shall meet at least four times per year. Each member of such local committee shall be reimbursed for expenses incurred in perform ing his or her duties as provided in Code Section 20-4-12 for state board members.
20-4-12. The members of the State Board of Technical and Adult Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and

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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 Technical and Adult Education members who are not in state employment, the expense and mileage allow ance shall be the same as that authorized for the General Assembly and shall be pay able, subject to fund availability, by the State Board of Technical and Adult Education.
20-4-13. The State Board of Technical and Adult Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members. The State Board of Technical and Adult Education shall adopt proce dures for the conduct of its activities.
20-4-14. (a) There is established a Department of Technical and Adult Education. (b) The department shall exercise state level leadership, management, and oper ational control over schools, programs, and services authorized in this article and Article 3 of this chapter. (c) The Department of Technical and Adult Education shall be empowered to:
(1) Approve occupational programs below the baccalaureate level; 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;
(2) Receive and hold title to property, equipment, money, and materials; (3) Expend educational funds available to it for the purpose of acquiring, improv ing, and selling real or personal property in connection with its postsecondary techni cal education curricula program; (4) Solicit and receive funds from the general public, corporate underwriters, and foundations; (5) Contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of programmatic or administrative services or activities the department deems necessary; and (6) Administer and supervise programs in accordance with standards, rules, regula tions, and policies of the State Board of Technical and Adult Education.
20-4-15. (a) For the purposes of this article, literacy means a degree of proficiency in reading, writing and other communication skills; in computation; and in reasoning that enables an individual to adapt to technological and other changes in society, compete in the job market, develop a sense of self-worth, and participate in the demo cratic process.
(b) The State Board of Technical and Adult Education shall establish adult literacy programs which provide for the attainment of reading, writing, and computational skills at the basic, general, and specialized levels of literacy. The state board shall determine the specific competencies concerning the skills and knowledge needed for each of the three levels of literacy; provided, however, that competencies at the specialized level con tain the skills needed to qualify for a high school equivalency certificate.
(c) There is established an office of adult literacy which shall report directly to the commissioner. The office of adult literacy shall provide programs for the effective and efficient education of all Georgia adults eligible under the provisions of this Code section, including the handicapped and those for whom English is a second language. Subject to the availability of funding, all levels of literacy programs defined by this arti cle shall be provided in each service delivery area to any eligible individual who requests them. With the ultimate goal of the elimination of illiteracy in the state, priority shall be given to providing all eligible adults with the opportunity to attain a general level of literacy.
(d) Individuals shall be eligible for adult literacy services who comply with other eligibility and attendance requirements as adopted by the state board and who:
(1) Are high school graduates or have high school equivalency certificates and who are deficient in one or more areas of competency offered by adult literacy programs; provided, however, that no person shall be eligible for a high school equivalency certif icate who has a high school diploma; or
(2) Are at least 16 years of age and are not high school graduates but who are capable of attaining basic literacy skills as determined by policies established by the state board; provided, however, that an individual who is 16 or 17 years of age who

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has not graduated from high school shall present documented evidence that his or her school system has been notified that he or she has withdrawn from school. 20-4-16. (a) Any other Code section of this article to the contrary notwithstanding, the State Board of Technical and Adult Education shall annually determine the amount of funds needed to provide adult literacy and postsecondary technical education pro grams for businesses, industries, adults, and out-of-school youths and shall annually request that the Governor recommend that the General Assembly make such appropria tions as are needed.
(b) Any other Code section of this article to the contrary notwithstanding, the Department of Technical and Adult Education is authorized to provide funds, appropri ated by the General Assembly for this purpose, to local units of administration, as defined in Code Section 20-2-242, and to other state, regional, local, and private agencies to be used for adult literacy, career, occupational, and technical education programs.
(c) Adult literacy providers eligible to receive funds from the state board shall con sist of those public and private entities which meet applicable public or private stan dards as determined by the state board. Such providers may include, but are not limited to, public and private schools, postsecondary technical schools, public and private col leges and universities, public libraries, community education programs, or businesses and industries. All public providers must meet public standards pursuant to Code Section 20-4-11 to be eligible to receive funds from the state board. Private providers may choose to meet either private or public standards pursuant to Code Section 20-4-11 and shall be eligible to receive funds from the state board in accordance with the standards which they meet.
20-4-17. (a) The Department 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 technical education; provided, however, those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the Department of Technical and Adult Education; provided, further, a proportionate share of those fed eral funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of postsecondary technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the Department of Technical and Adult Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the state merit system.
(b) The Department of Technical and Adult Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult literacy education programs. Those personnel positions author ized for fiscal year 1988 solely for the management, coordination, planning, evaluation, administration, and program improvement of adult literacy education programs, and associated office equipment and furniture, shall be transferred to the Department of Technical and Adult Education. All officials and employees in such positions are also transferred to the Department of Technical and Adult Education and shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the state merit system.
20-4-18. Subject to the provisions of Code Section 20-4-20, any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of adult literacy and postsecondary technical education programs and services to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools, to include the awarding of high school equivalency certificates, shall be made by the Department of Technical and Adult Education. Commensurate with this authority, the department shall exercise state level management and oper ational control over adult literacy education programs, postsecondary technical schools, and adult vocational centers.

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20-4-19. The adult literacy education programs operated by the Department of Corrections shall conform to the standards, regulations, policies, and procedures of the State Board of Technical and Adult Education; provided, however, that the Department of Corrections shall give priority to complying with the standards, regulations, policies, and procedures promulgated by the American Correctional Association and the Correc tional Education Association where any conflicts shall arise.
20-4-20. Nothing in this article 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.
20-4-21. (a) Any postsecondary technical school operated by a local board of edu cation, an area postsecondary technical education board, or the Department of Technical and Adult Education shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the State Board of Technical and Adult Edu cation.
(b) Tuition fees charged by postsecondary technical schools operated by local boards of education, area postsecondary technical education boards, and the Department of Technical and Adult Education shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources.
(c) The Department of Technical and Adult Education shall not withhold from any postsecondary technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the Department of Technical and Adult Education to such school by contract, grant, or otherwise.
20-4-22. Any other Code section of this article to the contrary notwithstanding, the Department of Technical and Adult Education shall assume the management, operation, and control of the quick start program. The Department of Education shall transfer to the Department of Technical and Adult 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 article.
20-4-23. Upon a postsecondary technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or other wise earmarked for use by said postsecondary technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose.
20-4-24. Except where prohibited by federal law, rules, or regulations or rules, regula tions, or policies of the State Board of Technical and Adult Education, local units of administration shall be authorized to utilize personnel funded under this article to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult literacy education.
20-4-25. Newly hired professional personnel employed for the first time by the Department of Technical and Adult Education on or after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary technical schools governed by the department shall become members of the Teachers Retirement System of Georgia as a condition of employment, if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Edu cation or any postsecondary 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 otherwise eligible. The State Board of Technical and Adult Education shall provide by regulation for informing prospective employees of the option provided for by this Code section so that such per sonnel 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.

MONDAY, FEBRUARY 22, 1988

1357

20-4-26. All full-time employees of a postsecondary technical school formerly oper ated by a local board of education or area postsecondary technical education board as of July 1, 1987, or the date which the department assumes governance of the postsecondary 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 irrevo cable during the tenure of employment with the Department of Technical and Adult Education or any postsecondary technical 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.
20-4-27. Employees of postsecondary technical schools governed by the department 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 trans fer to different positions or locations shall become members of the unclassified service.
20-4-28. Employees of postsecondary technical schools governed by the department who are appointed after July 1, 1987, or after the date on which the department assumes governance of the postsecondary technical schools shall have their compensation estab lished in conformity with state board policy in accordance with the state board compen sation 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 department. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the department deems appropriate.
20-4-29. Employees of postsecondary technical schools formerly operated by a local board of education, or area postsecondary technical education board, shall as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school make a choice as follows as to which salary and which benefit plan shall govern their employment:
(1) The salary earned as of July 1, 1987, or the date on which the department assumes governance of the postsecondary 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 department. If such benefits cannot be obtained for comparable or less cost, such employees shall receive the benefits available to state employees employed by the department. The future salaries 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 condi tions or changes to their former compensation plans administered by local boards of education or area postsecondary technical education boards;
(2) The salary earned as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later, and the benefits available to state employees employed by the department as of the same date, provided that the department 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 department assumes governance of the postsecondary technical school. Employees making this choice shall have their compensation administered in conformity with state board policy in accordance with the state board compensation plan; or
(3) Employees of postsecondary technical schools formerly operated by local boards of education or area postsecondary technical education 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 paragraph (2) of this Code section.
20-4-30. Employees in the classified service of the state merit system who are employed by postsecondary technical schools governed by the department who elect to

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become members of the unclassified service 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 such election.
20-4-31. An employee of a postsecondary technical school governed by the depart ment may be granted an amount of initial accrued sick and annual leave; provided, how ever, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the depart ment; 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 depart ment assumes governance of the postsecondary technical school, whichever is later; pro vided, further, any leave granted under this Code section shall be subject to the same limitations as leave accrued while employed by the department, including forfeiture.
20-4-32. Employees of postsecondary technical schools governed by the department shall accrue sick leave as provided for by the rules and regulations of the State Per sonnel Board.
20-4-33. Employees of postsecondary technical schools governed by the department 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 Personnel 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 purpose 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 technical education boards shall be counted as years of experience in the employment of postsecondary technical schools governed by the department.
20-4-34. All employees who were formerly employed by the State Board of Postsecondary Vocational Education and who have become employees of the Depart ment of Technical and Adult Education under this article shall continue to have all rights and benefits of employment, including retirement benefits, that they had when employed by the State Board of Postsecondary Vocational Education."
Section 3. Said title is further amended by striking Article 3 of Chapter 4 and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3
20-4-40. There is established within th Department ef Education a supplemental program to provide special quick start training to meet the employment needs of new and expanding industry. The program shall be administered governed by the State Board of Technical and Adult Education.
20-4-41. The programs of vocational technical training under this article shall be supplementary to those offered by area vocational-technical postsecondary technical
SCflOOlS^ StidiC tGCftRICft1 80(3 VOCfltlOWfll SCrlOOlS, tZ)u ptlDllC xll^Il 3CROO1 pfO^TfllUS LHu
shall be operated on a state-wide basis to assist any area to become more competitive in industrial and economic development; provided, however, no program may be made available to any area except as prescribed by the State Board of Technical and Adult Education. The program prescribed in this article shall be concerned only with training for skilled and semiskilled operations requiring learning time ef- ene year er less 2 includ ing supervisory personnel associated with such operations, and shall terminate when training needs have been met; provided, however, that basic academic education may be included as a part of the training program when such is necessary to ensure success of trainees in the occupational training program.
20-4-42. The State Beawi Department of Technical and Adult Education shall administer the program under this article and shall provide for technical and engineer ing services, publicity for the program, instructional services, in-plant training analysis,

MONDAY, FEBRUARY 22, 1988

1359

rental of instructional facilities with necessary utilities, central warehousing and trans portation of equipment and supplies, other necessary services, overall program direction, and an adequate staff to carry out an effective training program.
20-4-43. (a) Training programs under this article may be carried out on the basis of training agreements between local boards of education having area vocationaltechnical postsecondary technical schools and the State Board of Technical and Adult Education. Under such agreements, the local board of education may make available its vocational-technical postsecondary technical school facilities or temporary rented facili ties and shall pay all instructional salaries in accordance with the salary schedule estab lished by the state board in agreement with the local board of education without consideration of the salary schedule adopted for regular instructional personnel, pro vided that teachers and others employed in such training programs shall be classified as temporary employees and shall not be eligible for participation in the Teachers' Teachers Retirement System. All expenses incurred by a local board of education under such agreement in providing the services prescribed by this article shall be reimbursed by the state from funds provided for this purpose.
(b) Training programs under this article may also be carried out pursuant to annual contracts or agreements between the State Board of Technical and Adult Education and private industrial or business firms under rules and regulations adopted by the State Board of Technical and Adult Education for such purpose. Any such training program carried out pursuant to any such contract shall be assigned to a state vocationaltechnical postsecondary technical school, an area vocational-technical postsecondary technical school, or the technical or vocational education division of a junior college operated in accordance with a joint agreement between the State Board of Technical and Adult Education and the board of regents at the time a site is selected for such training program.
(c) Each training program under this article shall be based on a specific training needs analysis and included in a training plan which defines training and services to be provided.
20-4-44. The State Board of Technical and Adult Education may prescribe qualifica tions for persons employed in the program under this article without consideration of qualifications prescribed for personnel employed in regular instructional programs.
20-4-45. The State Beatd Department of Technical and Adult Education shall be authorized to procure equipment necessary to carry out an adequate training program under this article. Such equipment shall be maintained in a warehouse reserve and shall become available to any area of the state where a training program creates a need but shall be returned to the warehouse reserve when no longer needed in a training program. In furtherance of this provision, equipment having long delivery dates may be purchased in advance of an actual need upon the determination by the Department ef Education Department of Technical and Adult Education that a need for such equipment could reasonably be expected in the program. The state board department is authorized to provide for the transportation of instructional equipment and to employ equipment riggers, warehousemen, and other personnel needed to carry out this provision. Title to all equipment purchased under this article shall be vested in the state board State Board of Technical and Adult Education.
20-4-46. The State Board of Technical and Adult Education shall have the authority to promulgate any and all standards, rules, and regulations necessary to carry out the objectives and purposes of this article.
20-4-47. To assist in carrying out this article, the State Board of Technical and Adult Education is authorized to accept grants of money, materials, services, or property of any kind from a federal agency, private agency, corporation, or individual."
Section 4. Said title is further amended by adding at the end of Part 4 of Article 6 of Chapter 2 a new Code Section 20-2-169 to read as follows:
"20-2-169. The Department 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 technical education; provided, however, those funds appropriated for the operation and management of postsecondary technical, adult, and

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industrial programs shall be placed under the jurisdiction and control of the State Board of Technical and Adult Education; provided, further, a proportionate share of those fed eral funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board."
Section 5. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration, is amended by striking subparagraph (BB) of paragraph (15) in its entirety and substituting in lieu thereof a new subparagraph (BB) to read as follows:
"(BB) The officers, officials, and employees of postsecondary vocational-technical technical schools which are operated by the State Beatd Department of Postaccondory Vocational Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order."
Section 6. This Act shall become effective July 1, 1988.
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
Bargeron Y Barnett,B Y Barnett,M YBeck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Y Crosby Cummings.B
Y Cummings.M 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 Hanner Y Harris
Y Hasty 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 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 McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrrock
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
Reaves Y Redding Y Richardson Y Ricketson
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 Tolbert
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 WiUiams,B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, FEBRUARY 22, 1988

1361

HR 756. By Representatives Triplett of the 128th and Pannell of the 122nd:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia in Chatham County, Georgia, to Chatham County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron
Y Adams.G Y Adams.M 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 Y Brooks Y Brown
YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark,L Y Colbert

Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby
Cummings.B Cummings.M Y Davis.G
Y Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty 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
Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Mueller
Y Oliver.C Oliver.M
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 Ransom YRay Reaves Y Redding
Y Richardson Y Ricketson 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 YSmyre Y Snow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs Y Waddle
Waldrep
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Wilson
YWood Y Workman
Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1282. 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 annual registration and licensing of motor common carriers and motor con tract carriers operated under a certificate or permit.

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

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Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark,B
Y Clark.H Clark.L
Y Colbert Coleman
N Colwell Y Connell Y Couch YCox Y Crawford Y Crosby
Cummings.B Y Cummings.M Y Davis.G Y Davis,M Y Dixon

Y 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
Groover Y Hamilton Y Manner Y Harris Y Hasty 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 Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M
Y Orrock

Y Padgett Y Pannell Y Parham Y 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
Randall Y Ransom YRay
Reaves
Y Redding Y Richardson Y Ricketson 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
Y Snow Y Stancil Y Stanley Y Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y 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
Y Wilson Y Wood Y Workman
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1528.

By Representative Pettit of the 19th:
A bill to amend Code Section 44-5-145 of the Official Code of Georgia Anno tated, relating to anatomical gifts, so as to eliminate the requirement that documents making anatomical gifts be signed by two witnesses.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to eliminate the requirement that certain documents making ana tomical gifts be signed by two witnesses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-5-145 of the Official Code of Georgia Annotated, relat ing to anatomical gifts, is amended by striking subsection (b) thereof in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may also be made by a document other than a will. Unless the gift is deemed medically unsuitable, the gift becomes effective and irrevocable upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor itt the presence or two wi wiesses who must SIR trie o.ocumenc m his prcs*enee. If the donor cannot sign, the document may be signed for him at his direction and in his presence and in the presence of two witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not neces sary to make the gift valid."

MONDAY, FEBRUARY 22, 1988

1363

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 792. By Representatives Pannell of the 122nd and Triplett of the 128th:

A RESOLUTION
Proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area by virtue of Article XI, Section I, Paragraph IV of the Con stitution to irrevocably remove such property and adjacent public rights of way from the industrial area; 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 XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) Any other provision of this Constitution to the contrary notwithstanding, the owner of any real property located within the boundaries of an industrial area described in subparagraph (d) which property is not then served by regular scheduled rail service to such property may remove such property from the industrial area by filing a certif icate with the clerk of the superior court for the county where such property is located removing the property from the industrial area. In the event such real property is leased to any party other than the fee simple owner of such property, the lessee of such prop erty must join in the execution of such certificate. The filing of such certificate shall be irrevocable and shall bind the owner, his heirs, successors, and assigns and any lessee of the property. Upon the filing of such certificate, the property described in the certif icate, together with all public streets and public rights of way within the property or abutting the property or connecting the property to lands outside the industrial area, shall be immediately removed from the industrial area and such property and adjacent public rights of way may thereafter be annexed into the corporate limits of any adjacent municipality pursuant to any method of annexation allowed by law."
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 Shall the Constitution be amended so as to allow the owner of property located within a constitutional industrial area voluntarily to remove the
( ) NO property from such industrial area?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV

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of the Constitution to irrevocably remove such property and adjacent public rights of way from the industrial area; 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 XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) Any other provision of this Constitution to the contrary notwithstanding, the legal and equitable owners of any real property located within the boundaries of an industrial area described in subparagraph (d) which property is located on an island may remove such property from the industrial area by filing a certificate with the clerk of the superior court for the county where such property is located removing the property from the industrial area. The filing of such certificate shall be irrevocable and shall bind the legal and equitable owners, their heirs, successors, and assigns. For purposes of this subparagraph, a legal or equitable owner shall not include a beneficiary of any trust or a partner in any partnership owning any interest in the property, or the owner of any easement rights in the property. Upon the filing of such certificate, the property described in the certificate, together with all public streets and public rights of way within the property or abutting the property or connecting the property to lands outside the industrial area, shall be immediately removed from the industrial area and such property and adjacent public rights of way may thereafter be annexed into the corporate limits of any adjacent municipality pursuant to any method of annexation allowed by law."
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 Shall the Constitution be amended so as to allow the owner of property located within a constitutional industrial area located on an island volun-
( ) NO tarily to remove the property from such industrial area?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
YAdams,G Y Adams.M Y Aiken
YAlford Y Alien Y Athon
Y Atkins Y Bailey
Y Balkcom Y Bannister YBargeron Y Barnett,B Y Barnett.M Y Beck
Y Benefield Benn

Birdsong
Y Bishop Y Bostick Y Branch
Y Brooks Y Brown Y Buck
Y Buford Y Byrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H

N Clark,L
Y Colbert Coleman Colwell
Y Connell Y Couch Y Cox
Y Crawford Crosby
Cummings,B Y Cummings.M Y Davis.G N 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 Y Groover Y Hamilton Y Hanner
Y Harris Y Hasty

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

MONDAY, FEBRUARY 22, 1988

1365

Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford

Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Oliver.M
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
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson 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
YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Tolbert Y Townsend

Y Triplett 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 Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 158, nays 3.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

The Speaker Pro Tern assumed the Chair.

HB 1404.

By Representatives Smyre of the 92nd, Mangum of the 57th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 6 of Title 20 of the Official Code of Georgia Anno tated, known as the "Quality Basic Education Act," so as to make certain editorial changes and corrections; to authorize handicapped children to use certain types of funds.

The following Committee substitute was read and adopted:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to make certain editorial changes and corrections; to provide for local board meet ings; to provide that no fees shall be charged for children in the custody of the Depart ment of Human Resources; to authorize handicapped children to use certain types of funds; to change provisions relative to special education categories; to change certain internal cross-references; to provide for remedial education for children in the custody of the Department of Human Resources; to change certain definitions relating to program counting; to provide for evaluations; to provide for training programs; to provide for cer tain reports; to provide for substitute teachers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-58, relating to meetings of local boards, and inserting in lieu thereof a new Code section to read as follows:
"20-2-58. It shall be the duty of each county local board of education to hold a regular meeting during each calendar month at the county seat for the transaction of business pertaining to the public schools. Any such meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the county local board may appoint one of their own number to serve temporarily. The county local board shall annually determine the date of the its meeting ef the county beard and shall publish it in the official county organ for two consecutive weeks following the setting of the date; provided, however, that the date shall not be changed more often than once

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in 12 months and, if changed, the new date shall also be published as provided in this Code section."
Section 2. Said title is further amended by striking Code Section 20-2-109, relating to local school superintendents, and inserting in lieu thereof a new Code section to read as follows:
"20-2-109. The county local school superintendent shall constitute the medium of communication between the State School Superintendent and th subordinate local school officers. He The local school superintendent shall be the executive officer of the county local board of education; he shall be the agent of the county local board in pro curing such school furniture, apparatus, and educational requisites equipment and mate rials as they it may order; fee shall see ensure that ee bat the prescribed textbooks are used by the pupils students; he shall audit verify all accounts before an application is made to the county local board for an order for payment; and he shall procure a beefc i which he shall keep a record of his all official acts, which, together with all the books, papers, and property appertaining to his the office, he shall tm be turned over to his the successor. It shall be his the local school superintendent's duty to enforce all regula tions, rules, and instructions of the State School superintendent Superintendent and State Board of Education and of the county local board according to the laws of the state and the rules and regulations made by the county local board that are not in conflict with the state laws; and he shall, together with the state supervisors, auper-
cvcry 60 days shall to visit every school within his the local school district system which receives state aid and familiarize himself to become familiar with the studies taught in the schools, see observe what advancement is being made by the pupils, advise students, counsel with the teachers faculty, and otherwise aid and assist in the advancement of public education."
Section 3. Said title is further amended by striking Code Section 20-2-133, relating to free public instruction, and inserting in lieu thereof a new Code section to read as fol lows:
"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; provided, further, that no
child placed by the Department of Human Resources, or any of its divisions in a facility by or under contract with the Department of Human Resources who remains in that
facility for more than 45 continuous days and no child who is in the temporary or permanent legal custody of the Department of Human Resources or any of its divisions shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration 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 students."
Section 4. Said title is further amended by striking subsection (a) of Code Section 20-2-152, relating to special education services, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) All children and youth who are eligible for a general and career education pro gram under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children aged ssere from birth through four years

MONDAY, FEBRUARY 22, 1988

1367

of age, whose handicapping condition is so severe as to necessitate early education inter vention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the Gen eral Assembly for this purpose. 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. Special education shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning dis abled, orthopedically handicapped, other health impaired, hearing impaired, speechlanguage disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility 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."
Section 5. Said title is further amended by striking paragraph (4) of subsection (d) of Code Section 20-2-152, relating to special education services, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Category IV: deaf-blind, profoundly mentally handicapped, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically handicapped, and resourced other health impaired^ any eligible handicapped child placed by the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Human Resources who remains in that facility for more than 45 continuous days, and any child who is in the temporary or permanent legal custody of the Department of Human Resources or any of its divisions who receives special education services from a local school system; and".
Section 6. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-154, relating to remedial education programs, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(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 20-2-163 20-2-152 and whose Individualized Education Programs (lEP'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 subsec tion."
Section 7. Said title is further amended by adding at the end of Code Section 20-2-154, relating to remedial education programs, a new subsection (d) to read as follows:
"(d) Any nonhandicapped child placed by the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Human Resources who remains in that facility for more than 45 continuous days and any child who is in the temporary or permanent legal custody of the Department of Human Resources or any of its divisions who receives regular education services from a local school system shall be counted by that system for full-time equivalent purposes in the remedial education program weight pursuant to Code Section 20-2-161."
Section 8. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Eligible full-time equivalent program count' is defined as the sum of the fulltime equivalent resident student count and full-time equivalent nonresident student

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count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for each program all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, 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."
Section 9. Said title is further amended by striking subsection (h) of Code Section 20-2-182, relating to program weights and salaries and benefits, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 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 te develop in the calculation of the pro gram 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. The state board shall not reduce class sizes without the authorization of the General Assem bly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."
Section 10. Said title is further amended by striking Code Section 20-2-210, relat ing to annual evaluations, and inserting in lieu thereof a new Code section to read as fol lows:
"20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have pro fessional development 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 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 evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The 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; provided, however, that evaluation instruments for service personnel shall be field tested beginning July 1^ 1989, and shall be fully imple mented by July 1^ 1990. These All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability."
Section 11. Said title is further amended by striking Code Section 20-2-212, relat ing to salary schedules, and inserting in lieu thereof a new Code section to read as follows:
"20-2-212. The State Board of Education shall establish a schedule of minimum sal aries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. The minimum salary schedule shall pro vide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find

MONDAY, FEBRUARY 22, 1988

1369

relevant to the establishment of such a schedule. The minimum salary base for certifi cated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning sal aries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommendations. The House of Representatives and Senate Education and Appropriations Committees shall also be provided with a report which includes data and calculations used to determine the minimum base salary. 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. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated pro fessional employee a salary less than that prescribed by the schedule of minimum sal aries; 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, supple ment 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 employee whose salary is being supplemented."
Section 12. Said title is further amended by striking Code Section 20-2-216, relat ing to substitute teachers, and inserting in lieu thereof a new Code section to read as fol lows:
"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 valid teaching certificates issued by the State Board of Education. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the require ments for certification as a teacher and who is available to serve as a substitute, pro vided 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 its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For pur poses of this Code section, certificated substitute teachers shall not be considered parttime personnel pursuant to Code Section 20-2-212. Salaries for substitute teachers shall be set by the local boards of education."
Section 13. Said title is further amended by striking subsection (b) of Code Section 20-2-230, relating to a program for career development, and inserting in lieu thereof a new subsection to read as follows:
"(b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual perfor mance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. 5%e state

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board is authorized to require the training of att All members of boards of local units of administration which the state board dccma te fee necessary are required to partici pate in one day of training annually to ensure the effective management and operation of local units of administration. The Department ef Education Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Asso ciation, to conduct workshops providing annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as author ized by local or general law for attendance 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 members assume office."
Section 14. Said title is further amended by striking subsection (a) of Code Section 20-2-274, relating to financing agency expenses, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) For fiscal year 1988 1989, 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 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 1080 1990 and thereafter, the state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs pro gram 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 one-fourth 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 educa tional 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 pro portion 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 sys tems 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 systems. 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

MONDAY, FEBRUARY 22, 1988

1371

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."
Section 15. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 29-2-292, relating to sparsity grants, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The inability to offer students comparable programs and services is attributable, at least in part, to the fact that the local school system has full-time equivalent counts less than base sizes specified pursuant to Code Section 20-2-181 or the affected school or schools have full-time equivalent counts less than the base sizes referenced pursuant to subsection {e} ef Cede Section 20-2-201 Code Section 20-2-181; and".
Section 16. Said title is further amended by striking Code Section 20-2-962, relating to quarterly reports, and inserting in lieu thereof a new Code section to read as follows:
"20-2-962. The principal of each public school shall make a quarterly report to the local board of education immediately upon the end of each quarter of the fiscal year, and such report shall contain an account of all receipts and expenditures of such funds during the past quarter. The principal shall also make an annual report of the and a complete property inventory of the school. The local board may at this time ef at any time during the school year demand te inspect all books, records, and accounts all receipts, expenditures, and property of each public school ef such funds and property.
auditablc efdr at aH times and shall make them available te the local beard."
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 816. By Representative Redding of the 50th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to authorize doctors of optometry to use trade names in conjunction with the practice of optometry.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to provide that any truthful written or broadcast advertising for eye exam services, whether regional or national by any optical firm with more than seven loca tions in the State of Georgia shall not be required to list the name of the optometrist in the advertisement provided those optometrists practicing under a trade name at a specific location shall be identified to any person inquiring by telephone; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relat ing to optometrists, is amended by adding following Code Section 43-30-5 a new Code Section 43-30-5.1 to read as follows:

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"43-30-5.1. Any truthful written or broadcast advertising for eye exam services whether regional or national by any optical firm with more than seven locations in the State of Georgia shall not be required to list the name of the optometrist in the adver tisement provided those optometrists practicing under a trade name at a specific loca tion shall be identified to any person inquiring by telephone."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Redding of the 50th was read and adopted:

A BILL
To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to provide that any truthful written or broadcast advertising for eye exam services, whether regional or national by any optical firm with more than seven loca tions in the State of Georgia shall not be required to list the name of the optometrist in the advertisement provided those optometrists practicing under a trade name at a specific location shall be identified to any person inquiring by telephone; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relat ing to optometrists, is amended by adding following Code Section 43-30-5 a new Code Section 43-30-5.1 to read as follows:
"43-30-5.1. Any truthful written or broadcast advertising for eye exam services whether regional or national by any optical firm with more than seven locations in the State of Georgia shall not be required to list the name of the optometrist in the adver tisement provided those optometrists practicing under a trade name at a specific loca tion shall be identified to any person inquiring by telephone."
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, by substitute.
On the passage of the Bill, by substitute, the ayes were 114, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1489. By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Code Section 33-2-11 of the Official Code of Georgia Anno tated, relating to the requirement of examination by the Commissioner of Insurance of insurers, rating organizations, and advisory organizations, so as to provide for examinations of any authorized insurer which changes its domicile from Georgia to another state.

The following amendment was read and ruled not germane:

Representative Adams of the 79th moves to amend HB 1489 by adding in the title on line 6 of page 1, following the semicolon and preceding the word "to", the following:
"to amend Code Section 33-6-5 of the Official COde of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices in the busi ness of insurance, so as to provide that under certain circumstances an insurer shall not

MONDAY, FEBRUARY 22, 1988

1373

charge an individual a different rate of coverage on a policy of motor vehicle insurance solely because the individual is under 26 years of age;".
By renumbering Sections 2 and 3 on page 1 as Sections 3 and 4, respectively, and by adding between lines 20 and 21 on page 1 a new Section 2 to read as follows:
"Section 2. Code Section 33-6-5, relating to unfair methods of competition and unfair and deceptive acts or practices in the business of insurance, is amended by striking in their entirety paragraphs (11) and (12) and inserting in lieu thereof new paragraphs (11), (12), and (13) to read as follows:
'(11) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 15 days of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title; and
(12) No insurer shall cancel an entire line or class of business unless the insurer demonstrates to the satisfaction of the Commissioner that continuation of such business would violate the provisions of this title or would be hazardous to its policyholders or the public; and -
(13) No insurer shall charge an individual a different rate for coverage on a policy of motor vehicle insurance solely because the individual is under 26 years of age, pro vided such individual has possessed a valid driver's license for a period of at least five years and has not been the operator of a motor vehicle involved in an accident in which such individual was at fault.'"

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1363. By Representatives Thurmond of the 67th, Lee of the 72nd, Walker of the 85th and Bishop of the 94th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide payments to licensed child placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide payments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense; to limit the amount of such payments; to provide for a licensed child-placing agency to reimburse the state a certain amount when such an adop tion disrupts prior to finalization; to provide an effective date conditioned on the appropri ation of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs

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and protection for children and youth, is amended by striking in its entirety paragraph (7) of subsection (a) and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies; (B) Providing services to parents desiring to surrender children for adoption as
provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children
out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for
the adoption of children; (E) Placing children for adoption; ad (F) Providing financial assistance after the consummation of a legal adoption to
families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and
(G) Providing payment to a licensed child-placing agency which places such child for adoption after the state was otherwise unable to arrange an adoption for such child under the jurisdiction of the department and such child would otherwise remain in foster care at state expense. Payment may only be granted for a special needs child as defined in the rules and regulations of the department. Payment may not exceed $4,000.00 for each such adoption arranged by an agency. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided."
Section 2. This Act shall become effective no later than six months after the General Assembly appropriates funds for the implementation of the Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1422.

By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Code Section 20-2-58 of the Official Code of Georgia Anno tated, relating to regular monthly meetings of county boards of education, so as to remove the requirements that the meeting be held at the county seat.

The following substitute, offered by Representative Lawler of the 20th, et al, was read and adopted:

A BILL
To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financial calculations under the "Quality Basic Education Act," so

MONDAY, FEBRUARY 22, 1988

1375

as to change the provisions relating to full-time equivalent program counts; to change the provisions relating to the annual recalculation of the amount of funding; 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. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financial calculations under the "Quality Basic Education Act," is amended by striking subsections (a) and (b) of Code Section 20-2-160, relating to the determination of enrollment by instructional programs, in their entirety and substituting in lieu thereof new subsections (a), (b), (c), and (d) to read as follows:
"(a) 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 count counts shall be reported to the Department of Education. The initial enrollment counts count shall be made prior to October 1, the second enrollment count after November 1 but prior to January 1, and the final enrollment count after Match 1 February 15 but prior to May 1. 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 one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized under this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedi cate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for 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; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution; provided, however, that the student is attending the high school for at least 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 the principal's designee. The state board shall adopt such regulations and criteria as neces sary to ensure objective and true counts of students in state approved instructional pro grams. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific 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 board to shift fulltime equivalent program counts from the designated date to a requested alternate date.
(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; and
(2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program; L

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{3}--The average of the local school system's most recent three full-time equivalent
pfO^FfllH COUIltS 911011 &6TVf ftS tlW/ IUll~tHU& CCJlHVftrCHt COtUlt USCQ v& COttlptitC tllC
funds needed te finance each respective program for the ensuing year. (c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the third FTE program count shall be calculated as follows:
(1) Divide the second total FTE count for the current fiscal year by the second total FTE count for the immediately preceding fiscal year;
(2) Multiply the quotient obtained in paragraph (1) of this subsection by the third total FTE count for the immediately preceding fiscal year. The result shall be the pro jected third total FTE count for the current fiscal year;
(3) Divide the average of the local school system's three most recent FTE program counts by the average of the three most recent total FTE counts;
(4) Multiply the quotient obtained in paragraph (3) of this subsection by the prod uct obtained in paragraph (2) of this subsection. The result shall be the projected third FTE program count for the current fiscal year; and
(5) Compute the average of the first two FTE program counts and the projected third FTE program count for the current fiscal year. The result shall be used to ini tially determine the funds needed to finance the program for the ensuing fiscal year. (d) The average of the local school system's three FTE program counts for the cur rent fiscal year shall serve as the FTE count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose."
Section 2. Said part is further amended by striking subsection (a) of Code Section 20-2-162, relating to the annual recalculation of the amount of funding, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(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 thtee full-time equivalent counts first two full-time equivalent program counts and the projected third full-time equiva lent program count for the current fiscal year. 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 instructional costs as defined in para graph (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 full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent 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 be expended for any program or service explicitly excluded from the fulltime equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment."
Section 3. This Act shall become effective on July 1, 1989.

MONDAY, FEBRUARY 22, 1988

1377

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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1361.

By Representatives Hamilton of the 124th, Herbert of the 76th and Cummings of the 17th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Anno tated, relating to the regulation of child labor, so as to delete the provisions relating to the employment of minors 15 years of age during school vacation months; to repeal certain provisions relating to the maximum hours of employment of minors.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to delete provisions relating to the employment of minors 15 years of age during school vacation months; to repeal certain provisions relating to the maximum hours of employment of minors; to repeal certain provisions relating to prohibition on corporal punishment of minors; to provide that the Commissioner of Labor may seek injunctive relief against persons, firms, corporations, or agents thereof for viola tions of child labor provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is amended by repealing in its entirety Code Section 39-2-8, relating to employment of minors 15 years of age during school vacation months, which reads as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, during the months in which a minor 15 years of age is on vacation from school, he may be engaged in any gainful employment which is not otherwise prohibited if he shall present to his employer the certificate required by Code Section 39-2-11 and a certificate from a physi cian licensed to practice medicine under Chapter 34 of Title 43 stating that the minor is physically able to accomplish the tasks for which he will be engaged during the course of his employment.
(b) This Code section shall not be construed to permit minors 15 years of age to be employed in occupations and activities which are otherwise prohibited by law.", and inserting in its place the following:
"39-2-8. Reserved."
Section 2. Said chapter is further amended by striking in its entirety Code Section 39-2-15, relating to maximum hours of employment of minors, which reads as follows:
"39-2-15. The hours of labor by all persons under 18 years of age in all manufac turing establishments other than cotton and woolen manufacturing establishments shall be between sunrise and sunset, unless otherwise provided in this chapter or in 29 CFR Part 570. The usual and customary times for meals shall be allowed during such hours. Any contract made with persons under 18 years of age or their parents, guardians, or others, whereby a longer time for labor is agreed upon or provided for, shall be null and void and unenforceable with respect to such laborers.",

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and inserting in lieu thereof the following: "39-2-15. Reserved."
Section 3. Said chapter is further amended by striking in its entirety Code Section 39-2-16, relating to prohibition on corporal punishment of minors, which reads as follows:
"39-2-16. No superior in any manufacturing establishment or machine shop shall inflict corporal punishment upon minor laborers; and the owners of such factory or machine shop shall be directly liable for all such conduct on the part of their employees. A minor so employed may bring an action in his own name for damages for such con duct, and the recovery shall be his own property and not that of his parents.", and inserting in lieu thereof the following:
"39-2-16. Reserved."
Section 4. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 39-2-21, to read as follows:
"39-2-21. Any person, firm, or corporation or agent thereof violating any of the provisions of this chapter may be enjoined from employing the minor involved in such violation upon the complaint of the Commissioner of Labor in the superior court of any county in which the employer may be doing business or employing such minor; provided, however, that any court order under this Code section shall be narrowly drawn and narrowly construed so as to provide the minimum possible disruption of the ongoing business affairs of the employer."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions with respect to tuition equalization grants at private colleges and universities, so as to change the definition of the term "full-time student"; to provide an effective date.

The following amendment was read and adopted:

Representative Coleman of the 118th moves to amend SB 424 as follows: By changing the number "12" on Page 1, Line 15 to the number "10".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 114, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was read and adopted:

HR 880. By Representative McDonald of the 12th: A resolution commending Mr. Harold Rayford "Ray" Lamb.

MONDAY, FEBRUARY 22, 1988

1379

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.

1380

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 23, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Larry Aultman, Pastor, First Baptist Church, Alpharetta, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:
HB 1866. By Representative Heard of the 43rd: A bill to amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1867. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act establishing the Tift County Airport Authority, so as to change the name of such authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1868. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Cheeks of the 89th, Harris of the 84th and others: A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of real property, so as to provide that a lender shall not require a new survey of residential real property as a condition of financing such property under certain circumstances.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 23, 1988

1381

HB 1869. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th, Cheeks of the 89th, Harris of the 84th and others:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of real property, so as to provide that a lender shall not require a borrower to obtain a new termite inspection letter or certificate as a condition of financing a single-family dwelling where a letter or certificate has been issued for such dwelling within the previous six-month period.
Referred to the Committee on Industry.

HB 1870. By Representative Lawrence of the 49th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that a habitual violator may be issued a probationary driver's license to attend meetings of organiza tions for persons who have addiction or abuse problems related to alcohol or other drugs; to provide for the issuance of such special permits for certain other offenders.
Referred to the Committee on Motor Vehicles.

HB 1871. By Representatives Porter of the 119th, Jamieson of the llth, Robinson of the 96th, Coleman of the 118th and Alford of the 57th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to provide for the protection of river corridors, riverine wetlands, rivers, and streams and the regulation of activities in or adjacent thereto; to provide a short title; to provide a statement of policy and purpose; to state legislative intent.
Referred to the Committee on Natural Resources & Environment.

HB 1872. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th, Groover of the 99th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the General Assembly in general, so as to change the defini tion of the term "population bill" for purposes of the constitutional prohibition of population bills.
Referred to the Committee on Rules.

HB 1873. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to meetings of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1874. By Representatives Clark of the 20th, Aiken of the 21st, Atkins of the 21st, Wilder of the 21st, Gresham 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.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1875. By Representatives Porter of the 119th and Coleman of the 118th:
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 regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other similar sales; to provide for definitions; to prohibit certain actions or activity; to provide for licenses.
Referred to the Committee on Industry.

HB 1876. By Representative Lupton of the 25th:
A bill to amend Code Section 40-6-225 of the Official Code of Georgia Anno tated, relating to offenses involving handicapped parking and the penalties for such offenses, so as to change the penalties for certain offenses.
Referred to the Committee on Judiciary.

HB 1877. By Representatives Brown of the 88th, Redding of the 50th and Morton of the 47th:
A bill to amend Chapter 1 of Title 3 of the Official Code of Georgia Anno tated, relating to general provisions regarding alcoholic beverages, so as to prohibit the sale or offer for sale at retail of certain alcoholic beverages con taining certain levels of ethyl carbamate or urethane unless certain warning signs have been posted.
Referred to the Committee on Regulated Beverages.

HR 891. By Representative Bostick of the 138th: A resolution creating the Joint Agrirama Study Committee.
Referred to the Committee on Rules.

HR 892. By Representatives Wilder of the 21st, Shepard of the 71st, Isakson of the 21st, Aiken of the 21st and Atkins of the 21st:
A resolution proposing an amendment to the Constitution so as to provide that an appointee to an elective judicial office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election after such person's appointment.
Referred to the Committee on Governmental Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1817 HB 1818 HB 1819 HB 1820
HB 1822 Tj"D i QOO SI S HB 1825 HB 1826 HB 1827

HB 1828 HB 1829 HB 1830 HB 1831
TTTt I flQ*?
TJO - QQO no looo HB 1834
HB 1835
HB 1836
HB 1837

TUESDAY, FEBRUARY 23, 1988

1383

HB 1838 HB 1839 HB 1840 HB 1841 HB 1842 HB 1843
HR i1TM rHHulrpBtSi -11I.o88a444jfo76. HB 1848
HB 1849 HB 1850 HB 1851 HB 1852 HB 1853 HB 1854 HB 1855 HB 1856 HB 1857 HB 1858

HB 1859 HB 1860 HB 1861 HB 1862 HB 1863 HB 1864
HB 1865 HTM TuiprK* 8a8c71n7707e TM 878
TM HI SB 51? ^5 631 bB 64 SB 652 SB 656 SB 657 SR 350 SR 376

Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1162 Do Pass HB 1310 Do Pass, by Substitute
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1246 Do Pass, by Substitute HB 1714 Do Pass, by Substitute HR 665 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1390 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1030 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
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 House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1557 Do Pass, by Substitute SB 470 Do Pass SB 516 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Coleman of the 118th 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 550 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

TUESDAY, FEBRUARY 23, 1988

1385

Representative Coleman of the 118th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1336 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1848 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 151st
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 830 Do Pass HR 832 Do Pass HR 833 Do Pass

HR 837 Do Pass SB 463 Do Pass

Respectfully submitted, /s/ 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 House and Senate Senate and has instructed me to report the same back to the House with the following recommendations:

SB 51 Do Pass, by Substitute HB 1398 Do Pass

HB 1592 Do Pass HB 1738 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report
the same back to the House with the following recommendations:

HR 147 Do Pass HR 811 Do Pass HR 877 Do Pass

SB 429 Do Pass SB 434 Do Pass, by Substitute

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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1567 Do Pass SB 124 Do Pass, by Substitute HB 1715 Do Pass, by Substitute

HB 1156 Do Pass, by Substitute HB 1222 Do Pass, by Substitute SB 423 Do Pass, by Substitute

Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1744 Do Pass HB 1799 Do Pass HB 1800 Do Pass HB 1801 Do Pass HB 1803 Do Pass HB 1805 Do Pass HB 1807 Do Pass HB 1808 Do Pass HB 1809 Do Pass

HB 1810 Do Pass HB 1812 Do Pass HB 1814 Do Pass HB 1815 Do Pass HB 1816 Do Pass SB 507 Do Pass SB 639 Do Pass SB 645 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

TUESDAY, FEBRUARY 23, 1988

1387

Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 490 Do Pass
Respectfully submitted, Is/ Wilson of the 20th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 23, 1988

Mr. Speaker and Members of the House:

The House Committee on Rules has set the calendar for this 31st Legislative Day as enumerated below:

HB 704 HB 878 HB 1277 HB 1342 HB 1388 HB 1692 HB 1701 HB 1752 HB 1768 HB 1769 HB 1779 HB 1781 HB 1797 HB 1802 HB 1806

Teachers Retirement: Membership: Certain County Employees Crimes and Offenses: Mentally Retarded Persons: Resp. General Appropriations: FY 1988-89 Salaries of State Officials: Amend Provisions Controlled Substances: Amend List School Bus Drivers: Minimum Salary Marriage and Family Therapy: Law, Degree: Fulfill Lie. Req. Minors: School Vacation Months: Employment Highways: Uniform Relocation Assistance: Certain Persons St. Tollway Auth.: Relocation Assist/Revenue Bonds: Define St. Bd. Postsec. Vo. Ed.: Name Change: Dept. of Tech & Adult Ed. Transportation Dept. Bids: Examination of Site Sheriff: Honorary Office of Sheriff Emeritus Fiscal Notes; Explanation of Impact of Bill: Requirement Animals: Fees for Impounding, Etc.

HR 705 Miller, Rebecca Jane: Compensation HR 749 Prince, Jack, Delta Y. Corp.: Compensate HR 752 Board of Regents of the Univ. System of GA: Commend HR 777 Rogers, Curtis: Compensation HR 778 Tenn. Valley Auth. Res. System: Proposed Reas'ment of Changes HR 793 Strickland, Lorraine: Compensating

SR 245 Hill Wilbanks Memorial Bridge: Designate SR 282 Paulding County: Grant Easement: Construct Lightguide Cable SR 356 Arthur T. Bacon Bridge: Designate

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /a/ 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:

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HB 1799.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing a new board of commissioners of Henry County, so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a countywide basis; to provide that such chairman shall be the chief executive officer of the county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1800.

By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to provide for the continuation of the governing body of the city; to change certain designations and references; to provide for the election of the councilpersons of the City of Comer from council districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1801.

By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act creating the State Court of Cherokee and Forsyth Counties, so as to change the provisions relating to jurisdiction; to change the provisions relating to the qualifications of the judge and solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1803. By Representative Adams of the 79th:
A bill to create and establish an airport authority in and for the County of Upson and City of Thomaston.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1805.

By Representative Parrish of the 109th:
A bill to amend an Act establishing the State Court of Candler County, so as to change the compensation of the secretary of the solicitor of that court; to provide an effective date.

TUESDAY, FEBRUARY 23, 1988

1389

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1807.

By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Rockdale County during desig nated periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1809. By Representative Edwards of the 112th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Marion County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1810.

By Representative Edwards of the 112th:
A bill to provide a new charter for the City of Butler; to provide for the 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1812.

By Representatives 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 Jonesboro, so as to provide a method of filling vacancies in the office of mayor or council man.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1815. By Representatives Barnett of the 59th, Wall of the 61st, Pittman of the 60th, Bannister of the 62nd, Wood of the 9th and others:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to create a new board of commissioners of Gwinnett County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1816. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of SneUville, 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.

SB 507. By Senator McKenzie of the 14th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Schley County and establishing the office of Tax Commissioner of Schley County, as amended, so as to change the method of compensation of the tax 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 639. By Senator Huggins of the 53rd:
A bill to amend an Act creating a new charter for the City of LaFayette, as amended, so as to change and define the corporate limits of the City of LaFayette.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 23, 1988

1391

SB 645. By Senators Barnes of the 33rd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act" so as to clarify the purpose of this Act; to change a definition and add additional definitions; to provide for the life of the district and for procedures to extend the life of the district; to provide for a tax cap.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A BILL
To create the West Georgia Regional Water Authority and to authorize such authority to acquire or construct a regional water supply reservoir, operate and maintain selfliquidating projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and municipal corporations; to confer powers and impose duties on the authority; to provide for the membership and for appointment of members of the authority and their terms of tenure and compensation; to provide for the filling of vacancies; to provide for removal of members; to authorize the authority to contract with others pertaining to the water utili ties and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or certificates; to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to authorize the authority to establish a water system or systems in certain counties so as to vest in the West Georgia Regional Water Authority the same powers, jurisdiction, and authority such counties have; to provide that any water facilities that are constructed shall take into consideration the adopted planning policy of the member counties; to provide that no debt of the member counties shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the authority exempt from taxation; to pro vide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated; to require that contractors shall give bond; to provide for competitive bidding on contracts; to provide that members of the authority shall not be interested in contracts; to provide for financial statements and audit reports; to repeal conflicting laws; and for other pur poses.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act may be cited as the "West Georgia Regional Water Authority Act."
Section 2. West Georgia Regional Water Authority. There is created a body corpo rate and politic, to be known as the West Georgia Regional Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, bring and defend actions, sue and be sued, implead and be impleaded, complain and defend in all courts. The authority shall consist of eight members to be composed as follows: the chairman or a member of the board of commissioners of Polk County to be appointed by the board of commissioners, one member of the Polk County Water Authority to be appointed by such authority, the chairman of the board of commissioners of Paulding County, one member of the Paulding County Water Authority to be appointed by such authority, the chairman of the board of commissioners of Douglas County, one member of the Douglasville-Douglas County Water and Sewer Authority to be appointed by such authority, the commissioner of Haralson County, and one member of the Haralson County Water Authority to be appointed by such authority. Five members shall constitute a quorum. Any vacancy in the position of a member appointed by an authority shall be filled by such authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall elect a chairman and vice chairman of the authority from among the mem bers thereof and shall also elect a secretary-treasurer who need not be a member of the authority. The members of the authority shall determine their compensation for serving in such capacity. The authority shall make rules and regulations for its own government. It shall have perpetual existence.
Section 3. Definitions, (a) As used in this Act, the term: (1) "Authority" means the West Georgia Regional Water Authority created by
Section 2 of this Act. (2) "Cost of the project" means the cost of construction, the cost of all lands,
properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, costs of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obli gation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the pro ceeds of revenue bonds issued under the provisions of this Act for such project.
(3) "Member county" means Douglas, Haralson, Paulding, and Polk counties unless the governing authority of any such county has adopted a resolution, at any time, declaring that such county shall not be a member county under this Act, in which event the authority shall not construct or operate any facility or distribute water in such county.
(4) "Project" means and includes the acquisition and construction of a regional water reservoir, the acquisition of real property surrounding the reservoir, and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the member counties, and the operation, mainte nance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority to be necessary or convenient for the efficient operation of such type of undertaking.
(5) "Revenue bonds" and "bonds" shall mean revenue bonds and certificates as defined and provided for in Article 3 of Chapter 82 of Title 36 of the Official Code

TUESDAY, FEBRUARY 23, 1988

1393

of Georgia Annotated, known as the "Revenue Bond Law" and such type of obli gations may be issued by the authority as authorized under said article. In addition, such terms shall also mean obligations of the authority the issuance of which are spe cifically provided for in this Act.
(6) "West Georgia region" means Douglas, Haralson, Paulding, and Polk counties, (b) Any project shall be deemed "self-liquidating" if, in the judgment of the author ity, the revenues and earnings to be derived by the authority therefrom will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.
Section 4. Powers. The authority is authorized: (1) To have a seal and alter the seal at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of
real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in
such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate exist ence shall continue, and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property con demned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court hav ing jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) To appoint, select, and employ officers, agents, and employees, including engi neering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensation;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into con tracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, water facilities, and related services by the authority to such municipal corpora tions and counties or relative to the furnishing of water facilities and services by municipal corporations, counties, corporations, or individuals to the authority for a term not exceeding 50 years;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (4) of Section 3 of this Act, the cost of any such project to be paid in whole or in part from the proceeds and revenue bonds of the authority or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instru mentality thereof;
(7) To accept loans and grants of money, materials, or property of any kind from the United States of America, the State of Georgia, or any agency or instrumentality thereof upon such terms and conditions as the United States of America, the State of Georgia, or such agency or instrumentality may impose;
(8) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the pay ment of the same and for the rights of the holders thereof;

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(9) To exercise any power which is usually possessed by private corporations per forming similar functions and which is not in conflict with the Constitution and laws of this state; and
(10) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Services to member counties. The authority shall provide water services and facilities to each member county so long as such county remains a member county.
Section 6. Competitive bidding on contracts, (a) Except in the purchase of unique articles or articles which for any reason are unobtainable in the open market and except as provided in this Act, competitive bids shall be secured before any purchase or sale, by contract or otherwise, is made by the authority or before any contract is awarded for con struction, alterations, supplies, equipment, repairs, or maintenance or for rendering any services to the authority other than professional services. The purchase shall be made from or the contract shall be awarded to the lowest responsible bidder, or the sale shall be made to the highest responsible bidder. If the amount involved is $5,000.00 or more, no purchase of any unique article or other articles unobtainable in the open market shall be made unless a report detailing why such unique article or other articles are unobtainable in the open market is submitted to the chairman of the West Georgia Regional Water Authority.
(b) All purchases, contracts, and sales of $5,000.00 or more shall be awarded after advertising in the official organs of the member counties at least two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time, and place desig nated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and finan cially to submit bids or, in lieu thereof, the authority shall keep on file a memorandum showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids.
(c) Written price quotations from at least three qualified and responsible vendors shall be obtained for all purchases and sales under $2,000.00 but more than $1,000.00 or, in lieu thereof, the authority shall keep on file a memorandum showing that less than three vendors so qualified exist in the market area within which it is practicable to obtain quotations, except as provided in this Act.
(d) Purchases or sales under $1,000.00 may be negotiated with or without competi tive bidding under sound procurement procedures as promulgated and established by the authority.
(e) Competitive bidding requirements may be waived if it is determined by the authority that an emergency directly and immediately affecting customer service or public health, safety, or welfare requires immediate delivery of supplies, materials, equipment, or services; provided, however, that a record explaining the emergency shall be entered in the records of the authority.
(f) The authority shall have the right to reject any or all bids or parts of any or all bids whenever in the opinion of the authority such rejection is necessary for the protection of the interests of the authority. In such cases, the authority shall readvertise for new bids on the same or different terms.
Section 7. Contractors to give bond. Contractors who are awarded contracts by the authority shall be required to give bond in an amount equal to the amount of the bid, with good security, for the faithful performance of the contract and to indemnify the authority for any damages occasioned by a failure to perform the same within the pre scribed time. Such bond shall be approved by and filed with the authority or shall be approved by and filed with such other person as may be designated by the authority.
Section 8. Members of the authority not to be interested in contracts. The author ity is prohibited from entering into a contract for the purchase of goods, property, or service with any member of the authority, his employer, partner, principal, agent, servant, or employee, nor shall the authority enter into any contract in which any member of the authority is financially interested, directly or indirectly. Neither the chairman or any member of the authority or his partner, employer, principal, agent, servant, or employee

TUESDAY, FEBRUARY 23, 1988

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shall enter into any contract with the authority or sell to the authority any goods, prop erty, or service; provided, however, this section shall not apply to goods or services pur chased from any public utility which is regulated by the Georgia Public Service Commission. Any contract made in violation of this section shall be void.
Section 9. Revenue bonds. The authority, or any authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the author ity created by this Act is authorized, at one time or from time to time to provide by reso lution for the issuance of negotiable revenue bonds, in a sum not to exceed $50 million outstanding at any one time, of the authority for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law," shall be payable semiannually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
Section 10. Same; form; denominations; registration; place of payment. The author ity shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the regis tration of any coupon bond as to principal alone or also as to both the principal and inter est.
Section 11. Same; signatures; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be fixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
Section 12. Same; negotiability; exemption from taxation. All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of nego tiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within the state.
Section 13. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law," computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.
Section 14. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and, unless otherwise provided

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Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 147 Do Pass HR 811 Do Pass HR 877 Do Pass

SB 429 Do Pass SB 434 Do Pass, by Substitute

Respectfully submitted, kl 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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1567 Do Pass SB 124 Do Pass, by Substitute HB 1715 Do Pass, by Substitute

HB 1156 Do Pass, by Substitute HB 1222 Do Pass, by Substitute SB 423 Do Pass, by Substitute

Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1744 Do Pass HB 1799 Do Pass HB 1800 Do Pass HB 1801 Do Pass HB 1803 Do Pass HB 1805 Do Pass HB 1807 Do Pass HB 1808 Do Pass HB 1809 Do Pass

HB 1810 Do Pass HB 1812 Do Pass HB 1814 Do Pass HB 1815 Do Pass HB 1816 Do Pass SB 507 Do Pass SB 639 Do Pass SB 645 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

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1387

Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 490 Do Pass
Respectfully submitted, /s/ Wilson of the 20th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 23, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 31st Legislative Day as enumerated below:
HB 704 Teachers Retirement: Membership: Certain County Employees HB 878 Crimes and Offenses: Mentally Retarded Persons: Resp. HB 1277 General Appropriations: FY 1988-89 HB 1342 Salaries of State Officials: Amend Provisions HB 1388 Controlled Substances: Amend List HB 1692 School Bus Drivers: Minimum Salary HB 1701 Marriage and Family Therapy: Law, Degree: Fulfill Lie. Req. HB 1752 Minors: School Vacation Months: Employment HB 1768 Highways: Uniform Relocation Assistance: Certain Persons HB 1769 St. Tollway Auth.: Relocation Assist/Revenue Bonds: Define HB 1779 St. Bd. Postsec. Vo. Ed.: Name Change: Dept. of Tech & Adult Ed. HB 1781 Transportation Dept. Bids: Examination of Site HB 1797 Sheriff: Honorary Office of Sheriff Emeritus HB 1802 Fiscal Notes; Explanation of Impact of Bill: Requirement HB 1806 Animals: Fees for Impounding, Etc.
HR 705 Miller, Rebecca Jane: Compensation HR 749 Prince, Jack, Delta Y. Corp.: Compensate HR 752 Board of Regents of the Univ. System of GA: Commend HR 777 Rogers, Curtis: Compensation HR 778 Tenn. Valley Auth. Res. System: Proposed Reas'ment of Changes HR 793 Strickland, Lorraine: Compensating
SR 245 Hill Wilbanks Memorial Bridge: Designate SR 282 Paulding County: Grant Easement: Construct Lightguide Cable SR 356 Arthur T. Bacon Bridge: Designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ 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:

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Section 25. Same; validation. Bonds of the authority shall be confirmed and vali dated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the Offi cial Code of Georgia Annotated, known as the "Revenue Bond Law." The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for furnishing or receiving the services and facilities of the water system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof be determined, and the con tract or contracts adjudicated as security for the payment of any such bonds of the author ity. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same and any municipality, county, authority, subdivision, or instrumentality contracting with the authority.
Section 26. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
Section 27. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 28. Purpose of the authority. Without limiting the generality of any provi sions of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of such water to the West Georgia region, and the various municipalities in said counties and environs and municipalities located therein. Such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where water distribution systems do not now exist and where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
Section 29. Rates, charges, and revenues; use. The authority is authorized to pre scribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and col lect such rates, fees, tolls, or charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water utility system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 30. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished.
Section 31. Financial statements and audit reports, (a) The authority shall estab lish a fiscal year for its operation and, as soon after the end of each fiscal year as is fea sible, the authority shall cause to be prepared and printed a report and financial statement

TUESDAY, FEBRUARY 23, 1988

1399

of the authority's operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the governing authority of each member county, and additional copies shall be made available for distribution to the general public on written requests therefor.
(b) The authority shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records, and accounts of the authority for the purpose of auditing and reporting upon its financial statement for such year. The report of such auditors shall be appended to such financial statement.
(c) Whenever the authority deems it necessary or advisable, it shall be authorized to employ a firm of qualified independent engineers to survey the condition of the authority's facilities and operations from an engineering standpoint and to make a report thereof together with its recommendations for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of each member county and additional copies shall be made available for distribution to the general public on written request therefor.
Section 32. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing the things authorized thereby, shall be regarded as supplemental and additional to powers con ferred by other laws, and shall not be regarded as being in derogation of any powers now existing.
Section 33. Liberal construction of act. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 34. Powers of counties and municipalities. This Act does not in any way take from member counties or any municipality located therein or any adjoining county the authority to own, operate, and maintain water systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Anno tated, known as the "Revenue Bond Law."
Section 35. Repealer. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bills of the House were taken up for consideration and read the third time:

HB 1744. By Representative Ray of the 98th:
A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Crawford County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

1400
Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett.M
Beck Benefield YBenn Birdsong Y Bishop Y Bostick Branch Y Brooks Y Brown YBuck Y Buford Byrd Y Carrell
Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L
Colbert

JOURNAL OF THE HOUSE,

Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Crosby Y Cummings.B Y Cummings,M
Davis.G
Y Davis.M Dixon
Y Dobbs Y Dover
Y Dunn 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
Harris
Hasty Y Heard Y Hensley
Herbert Y Holcomb

Holmes
Y Hooks 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 Lawrence Lawson
YLee
Y Under YLong
Lord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Milam
Milford Mobley Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M
Y Orrock
Y Padgett 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
Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

Sizemore
Y Smith,L Y Smith,? Y Smith.T
Y Smith,W Smyre Snow Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C
Y Thomas.M Thompson Thurmond Tolbert
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L
Wall Ware Y Watson Watts Y White Wilder Y Williams.B Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 131, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1808.

By Representatives Clark of the 20th, Isakson of the 21st, Atkins of the 21st, Gresham of the 21st, Wilder of the 21st and others:
A bill to provide a $10,000.00 additional homestead exemption from all City of Marietta ad valorem taxes for residents of that city; to provide for defini tions; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for effectiveness; to provide for a referendum and automatic repeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett,B
Y Barnett,M Beck Benefield

YBenn Birdsong
Y Bishop Y Bostick
Branch Y Brooks
Y Brown YBuck Y Buford
Byrd
Y Carrell Y Carter
Y Chambless Chance
Y Cheeks Y Childers

Y Clark,B Y Clark.H
Y Clark,L Colbert
Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford
Crosby Y Cummings.B
Y Cummings.M Davis.G
Y Davis.M Dixon

Y Dobbs Y Dover
YDunn 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
Harris Hasty Y Heard
Y Hensley Herbert
Y Holcomb Holmes
Y Hooks
Hudson Isakson Y Jackson,J Y Jackson.W Y Jamieson Johnson,D

TUESDAY, FEBRUARY 23, 1988

1401

Y Johnson ,R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawler
Lawrence
Lawson YLee Y Linder
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

Y McKinney
Y Meadows Milam Milford Mobley
Y Moody Y Moore Y Morton
Mos tiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M Y Orrock Y Padgett
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
Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman

Y Shepard Y Sherrod
Simpson Y Sinkfield
Sizemore Y Smith,L Y Smith,P
Y Smith.T Y Smith.W
Smyre Snow Stancil Y Stanley Y Steinberg Y Stephens Thomas.C Y Thomas.M Thompson Thurmond
Tolbert

Y Townsend Y Triplett
Y Twiggs Y Waddle
Y Waldrep Y Walker.C
Y Walker.L Wall
Ware
Y Watson
Watts Y White
Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 131, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1814.

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 establish a homestead exemption from city ad valorem taxes for residents of the City of Riverdale, Georgia, who are 65 years of age or over and who own and occupy their residences if the gross income of said resi dents, together with the gross income of their spouses, does not exceed $4,000.00 for the immediately preceding taxable year; 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 Adams.G
Y Adams.M Y Aiken
Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B
Y Barnett.M Beck
Benefield YBenn
Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown
YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark.L
Colbert Y Coleman
Y Colwell Y Connell Y Couch YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M
Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
YDunn Edwards
Y Felton Y Floyd Y Foster
YGaler Y Godbee Y Goodwin
Y Green Greene
Y Greer Y Gresham

Y Griffin Y Groover Y Hamilton Y Hanner
Harris
Hasty Y Heard Y Hensley
Herbert Y Holcomb
Holmes Y Hooks
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
Lawrence Lawson YLee Y Linder YLong Lord

Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney Y Meadows
Milam Milford Mobley Y Moody Y Moore Y Morton Mostiler Y Moultrie
Y Mueller Y Oliver.C
Oliver.M Y Orrock Y Padgett
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
Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson
Y Ricketson
Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield
Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
Snow
Stancil Y Stanley Y Steinberg Y Stephens

1402

JOURNAL OF THE HOUSE,

Thomas.C Y Thomas.M
Thompson
Thurmond Tolbert

Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep

Y Walker.C Y Walker.L
Wall
Ware Y Watson

Watts Y White
Wilder
Y Williams.B Williams.J

Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 131, 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 659. By Senator Timmons of the llth:
A bill to repeal an Act providing for the compensation of the treasurer of Seminole County, as amended; to provide an effective date.

SB 660. By Senator Timmons of the llth: A bill to abolish the office of county treasurer of Seminole County.

SB 661. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th:
A bill to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act Amended;" to amend an Act entitled "Macon-Water Commis sioners' Pension Plan" so as to define the term "compensation"; to increase the retirement benefits from 1 Vz % of final average monthly earnings times years of service.

SB 666. By Senator Stumbaugh of the 55th:
A bill to amend an Act creating a new charter for the City of Lithonia, as amended, so as to change provisions relating to filling vacancies in the offices of mayor and council; to provide for related matters; to provide an effective date.

HB 1513. By Representatives Greer of the 39th, Aiken of the 21st, Lane of the 27th and McKinney of the 35th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change which entities may enter into rapid transit contracts; to provide for transportation services contracts between the Authority and political subdivisions of the state and other entities and pro vide for conditions and procedures relating thereto.

HB 1584. By Representatives Oliver of the 53rd, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th, Tolbert of the 58th and others:
A bill to amend an Act creating the State Court of DeKalb County, so as to provide for the compensation of the judges of the state court.

TUESDAY, FEBRUARY 23, 1988

1403

HB 1585.

By Representatives Oliver of the 53rd, Workman of the 51st, Steinberg of the 46th, Richardson of the 52nd, Williams of the 48th and others:
A bill to create an Act creating the State Court of DeKalb County, so as to provide for the appointment of deputy clerks; to provide for related matters.

HB 1688. By Representatives Steinberg of the 46th, Alford of the 57th, Williams of the 48th, Lawrence of the 49th, Aaron of the 56th and others:
A bill to provide for the creation of the Lenox Park Community Improve ment District in unincorporated DeKalb County; to provide for a short title.

HB 1734. By Representatives Davis of the 45th, Morton of the 47th, Tolbert of the 58th, Williams of the 48th, Lawrence of the 49th and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.

HB 1735.

By Representative Carrell of the 65th:
A bill to amend an Act creating the Walnutgrove-Youth Water Authority, so as to change the name of the authority; to provide for the membership of the authority.

HB 1741. By Representative Waldrep of the 80th:
A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the election of city council members from dis tricts by the residents of such districts.

SB 365. By Senator Walker of the 43rd:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars; to provide for powers and duties of such deputies; to provide for additional registration places.

SB 462. By Senators English of the 21st, McKenzie of the 14th, Hine of the 52nd and others:
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 the certifi cation of emergency medical technicians to utilize automatic defibrillators and provide for the certification of such defibrillators; to provide conditions and procedures relating to such certifications; to provide for certificate revo cation.

SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Anno tated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.

1404

JOURNAL OF THE HOUSE,

SB 558. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to authorize counties and municipalities to have registered their own service marks; to provide for liquidated damages for cer tain infringements of registered trademarks and service marks.

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, known as the "Ethics in Government Act," so as to change the defini tion of a certain term; to change the provisions relating to contributions made to candidate or campaign committee or for recall of a public officer; to change the provisions relating to the campaign committee treasurer.

SB 610. By Senator Howard of the 42nd:
A bill to amend Code Section 44-14-232 of the Official Code of Georgia Annotated, relating to summons and time for an answer in cases involving a petition for a writ of possession, so as to change the form of the summons.

SB 621. By Senators Allgood of the 22nd, Bryant of the 3rd, Scott of the 2nd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated minor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be per formed on such minor.

HB 1046.

By Representative Johnson of the 72nd:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Envi ronmental Facilities Authority shall become members of the said retirement system.

HB 1071.

By Representative Johnson of the 72nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the defini tion of an employee under the Employees' Retirement System of Georgia.

HB 1218. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th, Sinkfield of the 37th, Couch of the 40th and others:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to procedure for authorization of bonded debt, so as to pro hibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a popu lation of 550,000 or more according to the United States decennial census of 1980 or any future such census.

TUESDAY, FEBRUARY 23, 1988

1405

HB 1237. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-8 of the Official Code of Georgia Anno tated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relat ing to educational requirements.

HB 1294. By Representative Prichard of the 8th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that in cases where visitation rights have been provided to the noncustodial parent, the custodial parent shall have to provide certain information concerning the residence of the child so that the noncustodial parent may satisfy his or her visitation rights.

HB 1417. By Representative Crosby of the 150th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxation, so as to revise provisions relating to income tax administration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withholding tax returns.

HB 1418. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-114, relating to the requirement of pay ment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals.

HB 1425. By Representatives Chambless of the 133rd, Waldrep of the 80th, Pannell of the 122nd and Robinson of the 96th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Anno tated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office.

HB 1536. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money, extend, renew or refinance credit, or forbear from collecting money lent be in writing.

HB 1639. By Representative McDonald of the 12th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior courts, so as to change the terms of the superior court of Jackson County in the Piedmont Circuit.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

1406

JOURNAL OF THE HOUSE,

HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th, Chambless of the 133rd, Hooks of the 116th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 34. By Representatives Phillips of the 120th and Patten of the 149th:

A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flammable or combustible materials or vegetation; to provide proce dures and requirements for obtaining such permit.

HB 1352. By Representatives Hooks of the 116th, Watson of the 114th, Ray of the 98th, Kilgore of the 42nd and Steinberg of the 46th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, known as the "Public Accountancy Act of 1977," so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to account ants.

HB 1435.

By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment decisions; to provide that individual investments shall be considered as a part of an overall investment strategy.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 367. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia; to provide an effective date.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide additional legislative intent; to provide amendments to the defini tions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environ mental Protection Division as to solid waste generally.

TUESDAY, FEBRUARY 23, 1988

1407

By unanimous consent, the following Bills and Resolution of the Senate were read and referred to the committee:

SB 365. By Senator Walker of the 43rd:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars; to provide for powers and duties of such deputies; to provide for additional registration places.
Referred to the Committee on Governmental Affairs.

SB 462. By Senators English of the 21st, McKenzie of the 14th, Hine of the 52nd and others:
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 the certifi cation of emergency medical technicians to utilize automatic defibrillators and provide for the certification of such defibrillators; to provide conditions and procedures relating to such certifications; to provide for certificate revo cation.
Referred to the Committee on Health & Ecology.

SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Anno tated, relating to exclusivity of rights and remedies granted to employees and actions against third-party tort-feasors or other persons providing workers' compensation benefits, so as to provide that an employer or other person providing workers' compensation benefits shall receive credit for workers' compensation benefits paid to an employee under certain conditions.
Referred to the Committee on Judiciary.

SB 558. By Senators Howard of the 42nd and Stumbaugh of the 55th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to authorize counties and municipalities to have registered their own service marks; to provide for liquidated damages for cer tain infringements of registered trademarks and service marks.
Referred to the Committee on Judiciary.

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, known as the "Ethics in Government Act," so as to change the defini tion of a certain term; to change the provisions relating to contributions made to candidate or campaign committee or for recall of a public officer; to change the provisions relating to the campaign committee treasurer.
Referred to the Committee on Rules.

SB 610. By Senator Howard of the 42nd:
A bill to amend Code Section 44-14-232 of the Official Code of Georgia Annotated, relating to summons and time for an answer in cases involving a petition for a writ of possession, so as to change the form of the summons.
Referred to the Committee on Special Judiciary.

1408

JOURNAL OF THE HOUSE,

SB 621. By Senators Allgood of the 22nd, Bryant of the 3rd, Scott of the 2nd and others:
A bill to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification of abortion on an unemancipated minor, so as to provide that a minor seeking an abortion shall furnish a notarized statement signed by a parent or guardian attesting that such parent or guardian has been notified that an abortion is to be per formed on such minor.
Referred to the Committee on Judiciary.

SB 659. By Senator Timmons of the llth:
A bill to repeal an Act providing for the compensation of the treasurer of Seminole County, as amended; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 660. By Senator Timmons of the llth: A bill to abolish the office of county treasurer of Seminole County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 661. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th:
A bill to amend an Act known as "Macon-Bibb County Water & Sewerage Authority Act Amended;" to amend an Act entitled "Macon-Water Commis sioners' Pension Plan" so as to define the term "compensation"; to increase the retirement benefits from 1 Va % of final average monthly earnings times years of service.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 666. By Senator Stumbaugh of the 55th:
A bill to amend an Act creating a new charter for the City of Lithonia, as amended, so as to change provisions relating to filling vacancies in the offices of mayor and council; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 667. By Senator English of the 21st:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to provide additional legislative intent; to provide amendments to the defini tions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environ mental Protection Division as to solid waste generally.
Referred to the Committee on Natural Resources & Environment.

SR 367. By Senator Brannon of the 51st:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 23, 1988

1409

Representative Groover of the 99th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 337. By Representative Groover of the 99th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to abolish the State Board of Equal ization; to repeal certain provisions for the return and assessment of public utility property for ad valorem school tax purposes, thereby providing for the return and assessment of such property in the same manner as other tangible property.

On the motion, the roll call was ordered and the vote was as follows:

V Aaron Y Adams.G N Adams.M N Aiken Y Alford Y Alien Y Athon N Atkins N Bailey Y Balkcom N Bannister N Bargeron
Barnett,B N Barnett,M NBeck N Benefield YBenn
Birdsong Bishop Y Bostick Y Branch Brooks Y Brown YBuck Y Buford Byrd Y Carrell Y Carter Chambless Y Chance N Cheeks N Childers Y Clark,B N Clark.H Y Clark.L Colbert

Coleman
Y Colwell Y Connell
Y Couch NCox N Crawford Y Crosby N Cummings.B Y Cummings,M
Davis.G N Davis.M Y Dixon N Dobbs N Dover Y Dunn Y Edwards
Felton N Floyd
N Foster Y Galer N Godbee N Goodwin Y Green Y Greene Y Greer N Gresham N Griffin Y Groover Y Hamilton
Manner Y Harris N Hasty N Heard N Hensley N Herbert N Holcomb

Holmes Y Hooks
Y Hudson N Isakson Y Jackson,J N Jackson, W
N Jamieson Y Johnson.D N Johnson.R
Kilgore Y Kingston N Lane,D N Lane.R Y Langford Y Lawler N Lawrence Y Lawson NLee N Under N Long YLord Y Lucas
Lupton Mangum
N Martin N McCoy
McDonald N McKelvey
McKinney N Meadows N Milam Y Milford
Y Mobley N Moody Y Moore N Morton

On the motion, the ayes were 75, nays 71. The motion prevailed.

N Mostiler
Y Moultrie Mueller
Y Oliver.C
Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish N Patten N Peters
Pettit Phillips Y Pinkston
N Pittman N Porter N Powell
Prichard N Rainey N Ramsey.T Y Ramsey.V
Randall N Ransom YRay N Reaves Y Redding Y Richardson N Ricketson N Robinson Y Royal Y Selman N Shepard Y Sherrod
Simpson Sinkfield

N Sizemore
N Smith.L Y Smith,P N Smith,T
N Smith,W Smyre
Y Snow N Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Thompson Thurmond N Tolbert Townsend Y Triplett Y Twiggs
N Waddle Y Waldrep Y Walker.C Y Walker.L N Wall
Ware
Watson N Watts N White
Wilder N Williams.B
N Williams,J Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 1802.

By Representatives Isakson of the 21st and Colbert of the 23rd:
A bill to amend Code Section 28-5-42 of the Official Code of Georgia Anno tated, relating to the introduction of bills having significant impact upon anticipated revenues or expenditures and fiscal notes, so as to require as part of a fiscal note an explanation of the impact of a bill on the taxpayers of this state.

1410

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Rules moves to amend HB 1802 by adding on line 21, page 1 before "It" the words "When a fiscal note is required".

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
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 Y Brooks Y Brown YBuck Buford YByrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Clark,B Clark.H Clark,L Colbert

Y Coleroan Y Colwell
Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
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
Groover Y Hamilton Y Banner Y Harris Y Hasty 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
YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett
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
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson 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 Y Snow
Y Stancil Y Stanley Y Steinberg
Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert 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 WiUiams,J Y Wilson
Y Wood Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Colbert of the 23rd 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 Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 752. By Representatives Beck of the 148th, Lane of the lllth, Beck of the 148th, Patten of the 149th, Godbee of the 110th and others:
A resolution to commend the Board of Regents of the University System of Georgia; to recommend the enhancement of two four-year colleges in south Georgia to the status of universities.

TUESDAY, FEBRUARY 23, 1988

1411

The following amendment was read and adopted:

The Committee on University System moves to amend HR 752 by striking from the next-to-last paragraph beginning on line 12 of page 2 the following:
"takes the necessary action to enhance the status of two four-year colleges in south Georgia to that of a university",
and inserting in lieu thereof the following:
"continue to study the merits and effect of changing the status of two four-year col leges to that of university level".

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 ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1779. By Representatives Moore of the 139th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change references to the State Board of Postsecondary Vocational Education to the Department of Technical and Adult 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 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SR 282. By Senator Dean of the 31st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding County, Georgia; 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 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 778. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution relative to the proposed reassessment of changes in the Tennes see Valley Authority reservoir system operating policies.

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 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

1412

JOURNAL OF THE HOUSE,

HB 1781.

By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract, so as to provide that persons, firms, or cor porations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 704. By Representatives Couch of the 40th, Johnson of the 72nd, Lane of the 27th, Selman of the 32nd, Greer of the 39th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that persons employed after a certain date by a certain county school system shall be members of the Teachers Retirement System of Georgia and may not be members of a local retirement fund.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to membership in the Teachers Retirement System of Georgia, so as to pro vide that persons who are employed or who become employed by a certain county school system shall be members of the Teachers Retirement System of Georgia and shall not be or continue to be members of a local retirement fund; to provide that members of a cer tain local retirement fund shall be transferred to the Teachers Retirement System of Georgia; to provide for payments, conditions, and requirements relative thereto; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to membership in the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-67 to read as follows:
"47-3-67. (a) As used in this Code section, the term: (1) 'County' means any county of this state having a population of 550,000 or more
according to the United States decennial census of 1980 or any future such census. (2) 'County school system' means the local school system of a county. (3) 'Local retirement fund' means a local retirement fund covering teachers
employed by a county school system. (4) 'Teacher' means any teacher as defined by paragraph (28) of Code Section
47-3-1 who is employed by a county school system. (5) 'Transferred teacher' means a teacher who is transferred from membership in
a local retirement fund to membership in the Teachers Retirement System of Georgia by subsection (c) of this Code section. (b) Any teacher who becomes employed by a county school system on or after July 1, 1988, shall become a member of the retirement system as a condition of employment, and such teacher shall not be eligible for membership in a local retirement fund.

TUESDAY, FEBRUARY 23, 1988

1413

(c) Effective on July 1, 1988, all teachers who are actively employed by a county school system on that date and who were so employed prior to that date and who are enrolled on that date under the local retirement fund in a retirement plan with an effec tive date on or after April 1, 1962, shall be transferred to and become members of the Teachers Retirement System of Georgia and, subject to the provisions of subsection (d) of this Code section, shall cease to be members of the local retirement fund, except that any such teacher who has previously retired from the Teachers Retirement System of Georgia shall be excluded from such transfer. Each such transferred teacher shall receive creditable service under the Teachers Retirement System of Georgia equivalent to the creditable service the teacher had under the local retirement fund as of July 1, 1988, provided that creditable service shall not be granted for service which would not be allowable as creditable service under the Teachers Retirement System of Georgia.
(d) If the benefit which becomes payable to a transferred teacher upon the teacher's retirement or if the benefit which becomes payable to another beneficiary of a trans ferred teacher is less under this retirement system than it would have been under the local retirement fund had membership in the local retirement fund continued, then the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the retired transferred teacher or to the other beneficiary of such a teacher an additional benefit equal to the amount by which the benefit which would be payable under the local retirement fund exceeds the benefit which becomes payable under this retirement system. The calculation of the additional benefit, if any, which is to be paid by the local retirement fund under this subsection shall be based on the rights that a transferred teacher had under the local retirement fund on June 30, 1988, plus rights which would have accrued under the local retirement fund after that date only for continuous service as a teacher in the employ of the county school system; provided, however, that any change made in the local retirement fund after that date shall not be considered in the determination of such rights. No transferred teacher who remains in the employ of the county school system shall be required to pay any greater percentage of the teacher's salary to the Teachers Retirement System of Georgia than such transferred teacher was required to pay to the local retirement fund immedi ately prior to the transfer. The county school system employing such transferred teacher shall be empowered and shall have the duty to pay to the board of trustees the differ ence, if any, between the rate of employee contribution required under the Teachers Retirement System of Georgia on June 30, 1988, and that required under the local retirement fund on June 30, 1988.
(e) (1) For each transferred teacher, the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the board of trustees the amount of employee contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable service established pursuant to subsection (c) of this Code section, plus applicable accrued regular interest thereon, as determined by the board of trustees, to the date of payment.
(2) The board of trustees shall make the determination of the amount to be paid to the board under paragraph (1) of this subsection and the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay the amount so determined to the board of trustees by not later than August 1, 1988. (f) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay to the board of trustees an amount of employer contributions for transferred teachers (not less than zero) actuarially determined by the board of trustees under the following formula: A = B - ((C ; D) x E)
A = Amount of employer contributions payable to the board of trustees under this subsection.
B = Unfunded accrued liability, determined as of June 30, 1988, of transferred teachers and determined on the basis of the same methods and assumptions

1414

JOURNAL OF THE HOUSE,

used in preparing the regular annual actuarial evaluation, except that the value of the assets of the retirement system shall be determined on the greater of market value or book value of such assets, as if such transferred teachers had been members of the retirement system on June 30, 1988, less the payment made to the board of trustees pursuant to subsection (e) of this Code section.
C = Unfunded accrued liability, determined as of June 30, 1988, with the value of assets being determined on the greater of market value or book value of such assets, of the retirement system, determined without regard to any teacher in the employ of a county school system as defined in subsection (a) of this Code section.
D = The total annual earnable compensation for the fiscal year ending June 30, 1988, of members of the retirement system, plus the annual state compen sation for the fiscal year ending June 30, 1988, of members of local retire ment funds other than a local retirement fund as defined in subsection (a) of this Code section.
E = The total earnable compensation for the fiscal year ending June 30, 1988, of transferred teachers.
(g) The amount determined under subsection (f) of this Code section shall be reduced by a 1986-87 retirement system funding allowance determined as follows:
(1) Determine the total amount which was intended to be withheld from the county school system for the 1986-87 fiscal year pursuant to the provisions of the 'Quality Basic Education Act' which was to be withheld for the purpose of paying the employer's portion of the cost of membership in the Teachers Retirement System of Georgia for teacher members of the local retirement fund;
(2) Subtract from the total amount determined under paragraph (1) of this subsec tion that portion of such amount which was actually paid to the county school system for the 1986-87 fiscal year; and (3) The amount resulting from the calculations under paragraphs (1) and (2) of this subsection shall be the 1986-87 retirement system funding allowance, (h) Payment of the amount determined under subsections (f) and (g) of this Code section shall be made to the board of trustees in not more than 39 equal annual installments to be paid by June 30 of each year beginning on June 30, 1990, in the man ner prescribed by the board of trustees; provided, however, an interest payment must be paid by June 30, 1989, and the amount of such interest payment shall be determined by the board of trustees as provided in this subsection. In addition to payment of the installments of the amount determined under subsections (f) and (g) of this Code section, annual interest shall be added to each payment computed on the unpaid balance of such amount at a rate equal to the average rate of return, as determined by the board of trustees, on fixed income investments made by the retirement system during the pre ceding calendar year but not to exceed 9 percent per annum. The rate of interest for the interest payment to be paid by June 30, 1989, shall be determined in the same man ner and shall accrue from July 1, 1988, until the date of payment on the amount deter mined under subsections (f) and (g) of this Code section. Beginning in 1989 for the interest payment, by May 1 of each year, the board of trustees shall notify the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, as to the amount due by the following June 30. The amount in the notification will include the interest as computed pursuant to this subsection and shall and must be paid by the following June 30. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay this interest. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall have the right at any time to pay the full amount of the balance then remaining

TUESDAY, FEBRUARY 23, 1988

1415

under the provisions of this subsection, and, in that event, there shall be no prepayment penalty of any kind.
(i) The employer of any teachers who become members of this retirement system under this Code section and any such teachers shall have all the rights, obligations, and duties under this Code section and as provided by any other provisions of this chapter.
(j) If the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, refuse or fail to make any payment required by this Code section, it shall be the duty of the board of trustees to notify the Fiscal Division of the Department of Administrative Services and the State Board of Education of such refusal or failure; and thereupon it shall be the duty of the Fiscal Division of the Department of Administra tive Services and the State Board of Education to withhold from such fiscal authority or other governing body any state appropriations or any other funds which would be allocated or allocable for educational purposes to such fiscal authority or other governing body until the Fiscal Division of the Department of Administrative Services and the State Board of Education receives authorization from the board of trustees to release such funds. The Fiscal Division of the Department of Administrative Services and the State Board of Education are authorized and directed, upon certified request of the board of trustees, to remit to the board of trustees from such withheld funds the amount necessary to cover the amount which the fiscal authority or other governing body has refused or failed to pay to the board of trustees under this Code section. It shall be ille gal for the Fiscal Division of the Department of Administrative Services and the State Board of Education to pay out or release such funds, after notice from the board of trustees, until and unless compliance with this Code section is achieved. The Fiscal Divi sion of the Department of Administrative Services and the State Board of Education are authorized to release the remainder of all such withheld funds upon authorization from the board of trustees.
(k) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall make such certifications as are requested by the board of trustees to implement and effectuate this Code section.
(1) No provision of this Code section shall be construed to result in any increase in the rate of employer contributions paid by employers based on the part of the earnable compensation of members not payable from state teachers' salary funds or from other funds of the state."
Section 2. This Act shall become effective on July 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 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 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
Y Brooks Y Brown YBuck Y Buford YByrd
Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers

Y Clark.B Clark,H
Y Clark.L Y Colbert Y Coleman
Colwell
Y Connell Y Couch
YCox Y Crawford N Crosby
Y Cummings,B Y Cummings.M
Davis.G Y Davis.M Y Dixon

Y Dobbs Y Dover YDunn
Y Edwards Y Felton Y Floyd Y Foster
Y Galer Godbee
Y Goodwin Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover

Y Hamilton Hanner
Y Harris Y Hasty
Y Heard Hensley
Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson.D

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JOURNAL OF THE HOUSE,

Y Johnson,R Y Kilgore Y Kingston YLane.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 YMcCoy Y McDonald Y McKelvey

McKinney Y Meadows YMilam
Milford
Y Mobley Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell
Y Patham Y Patrish 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 YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson 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
Stanley Y Steinberg
Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert

Y Townsend
Y Triplett Twiggs Waddle
Y Waldrep
Walker.C Walker.L Y Wall Y Ware Y Watson Y Watts Y White Wilder Y Williams.B
Y WilliamsJ Y Wilson
Wood Y Workman
Y Yeargin 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 substi tute.

HB 1388. By Representatives Parham of the 105th and Parrish of the !09th:
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 such substances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SR 245. By Senator Fincher of the 54th: A resolution designating the Hill Wilbanks Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1797.

By Representatives Birdsong of the 104th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Pinkston of the 100th and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to sheriffs, so as to create the honorary office of sheriff emeritus.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 23, 1988

1417

HB 1806.

By Representatives Ray of the 98th, Reaves of the 147th, Sherrod of the 143rd, Royal of the 144th and Carrell of the 65th:
A bill to amend Code Section 4-3-10 of the Official Code of Georgia Anno tated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such 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 113, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

Representative Moore of the 139th stated that he wished to be recorded as voting "nay" on HB 1806.

HR 705. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.

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
Y 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 Y Bishop
Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark.H
Clark,L Y Colbert

Y Coleman
Y Colwell Y Connell
Y Couch YCox Y Crawford
Crosby Y Cummings,B Y Cumniing8,M
Davis.G Davis.M
Y Dixon Y Dobbs Y Dover YDunn Y Edwards
Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin
Y Green Y Greene
Greer Y Gresham
Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty
Heard Y Hensley Y Herbert Y Holcomb

Holmes Y Hooks
Y Hudson Isakson
Y JacksonJ
Y Jackson,W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore
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 McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley
Y Moody Moore
Y Morton

Y Mostiler
Y Moultrie Mueller
Y Oliver.C
Y Oliver.M Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston Pittman
Y Porter Y Powell
Y Prichard Rainey
Y Ramsey.T
Ramsey.V YRandall
Ransom Ray Y Reaves Y Redding Richardson Y Ricketson
Robinson Y Royal YSelman
Shepard Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith.P
Y Sroith.T Y Smith,W
Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas,C
Thomas.M Thompson Y Thurmond Y Tolbert 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,J
Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

1418

JOURNAL OF THE HOUSE,

Representative Sherrod of the 143rd 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.

HR 749. By Representative Lawler of the 20th: A resolution compensating Mr. Jack Prince, Delta Y Corporation, Inc.

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 Y Alford Y Alien Y Athon Y Atkins Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Benefleld Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford
Byrd Y Carrell Y Carter
Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Crosby
Y Cummings.B Y Cummings.M
Davia,G DavU.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham
Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty
Heard Y Hensley Y Herbert
Y Holcomb

Holmes Y Hooks
Y Hudson 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 Y Lawler Y Lawrence
Lawson
YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney
Y Meadows Y Milam
Milford
Y Mobley Y Moody
Moore Y Morton

Y Mostiler Y Moultrie
Mueller
Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston Pittman Y Porter Y Powell Y Prichard Rainey Y Ramsey.T Ramsey.V Y Randall Ransom
Ray Y Reaves Y Redding
Richardson Y Ricketson
Robinson Y Royal Y Selman
Shepard 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 Thomas.M Thompson
Y Thurmond Y Tolbert 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,J Wilson
Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Sherrod of the 143rd 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.

HR 777. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution compensating Mr. Curtis Rogers.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 777 by striking the figure $1,250.00 on 1. 3 of p.2 and inserting in lieu thereof the figure $1,150.00.

TUESDAY, FEBRUARY 23, 1988

1419

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
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
Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown *
Buck Y Buford
Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch
YCox Y Crawford
Crosby
Y Cummings,B Y Cummings.M
Davis.G Davis.M
Y Dixon Y Dobbs Y Dover YDunn
Y Edwards Felton
Y Floyd Foster
Y Galer Y Godbee
Y Goodwin Y Green Y Greene
Greer Y Gresham
Griffin
Y Groover Y Hamilton
Y Manner Y Harris Y Hasty
Heard Y Hensley Y Herbert
Y Holcomb

Holmes Y Hooks Y Hudson
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 Y Lawler Y Lawrence
Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows
Y Milam Milford
Y Mobley Y Moody
Moore Y Morton

Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinks ton Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T
Ramsey.V Y Randall
Ransom
Ray Y Reaves Y Redding
Richardson
Y Ricketson Robinson
Y Royal Y Selman
Shepard Sherrod Y Simpson Y Sinkfleld

Y Sizemore
Y Smith.L Y Smith.P Y Smith.T
Y Smith, W Smyre
YSnow Y Stand] Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Thompson Y Thurmond Y Tolbert
Y Townsend Y Triplet! 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
Murphy ,Spkr

On the adoption of the Resolution, as amended, the ayes were 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Sherrod of the 143rd 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.

HR 793. By Representative Goodwin of the 63rd: A resolution compensating Ms. Lorraine Strickland.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 793 by striking the figure $25,901.46 on 1. 24 of p.l and inserting in lieu thereof the figure $10,000.00.

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:

1420

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G
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
Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford
Crosby Y Cummings.B Y Cummings.M
Davis.G Davis.M Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards
Felton Y Floyd
Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham
Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty
Heard Y Hensley Y Herbert Y Holcomb

Holmes Y Hooks Y Hudson
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
Y Lawler Y Lawrence
Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley
Y Moody Moore
Y Morton

Y Mostiler Y Moultrie
Mueller
Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Y Patten Peters
Y Pettit Y Phillips
Pinkston Pittman Y Porter Y Powell
Y Prichard Rainey
Y Ramsey.T Ramsey.V
Y Randall Ransom
Ray Y Reaves
Y Redding Richardson
Y Ricketson Robinson
Y Royal Y Selman
Shepard 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
Thomas.M Thompson Y Thurmond
Y Tolbert 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,J
Wilson Y Wood Y Workman Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, as amended, the ayes were 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Sherrod of the 143rd 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 1768.

By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Anno tated, relating to state, county, and municipal road systems, and Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.

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

Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford YByrd
Carrell

Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M

TUESDAY, FEBRUARY 23, 1988

1421

Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty 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
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 McCoy
McDonald

Y McKelvey Y McKinney Y Meadows
Milam Y Milford
Y Mobley Y Moody
Moore Y Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C N Oliver.M N Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips Y Pinkston
Pittman Y Porter Y Powell

Y Prichard Rainey
Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson 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 Y Snow Y Stancil Y Stanley

Y Steinberg Stephens
Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson Y Wood Y.Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 3. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1768 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

HB 1769.

By Representatives Groover of the 99th and Triplett of the 128th:
A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to change the definition of the terms "relocation assistance" and "revenue bonds"; to change the powers of the authority; to provide for compliance with federal law.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend HB 1769 as follows: By adding on Line 11, Page 6, after "department" the following: "or agency from which it came.".

The following amendment was read:

Representative Martin of the 26th, et al, move to amend HB 1769 by adding after line 35 of page 6 a new section to read as follows:
"Section 6.5. Said article is further amended by adding immediately following Code Section 32-10-75, relating to the construction of said article, a new Code Section 32-10-76 to read as follows:
'32-10-76. Notwithstanding the other provisions of this article, the authority shall not finance, acquire rights of way for, construct, or operate a project without first receiving the approval of the governing authority of each city and county in which the project is located.'"

1422

JOURNAL OF THE HOUSE,

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 N Alien N Athon N Atkins N 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 Y Brooks Y Brown
NBuck N Buford NByrd N Carrell
Carter N Chamhless N Chance Y Cheeks Y Childers Y Clark,B N Clark.H Y Clark.L N Colbert

Coleman N Colwell N Connell N Couch
NCox Crawford
N Crosby N Cummings,B N Cummings.M
Davis.G Y Davis.M N Dixon
N Dobbs Dover
N Dunn N Edwards
Felton N Floyd N Foster NGaler N Godbee Y Goodwin N Green N Greene N Greer N Gresham N Griffin N Groover Y Hamilton Y Manner N Harris N Hasty N Heard N Hensley N Herbert
N Holcomb

Y Holmes Y Hooks N Hudson NIsakson N Jackson,J N Jackson, W
N Jamieson N Johnson ,D N Johnson.R
N Kilgore Y Kingston N Lane,D
Y Lane,R N Langford
Y Lawler N Lawrence
N Lawson NLee N Linder N Long YLord N Lucas Y Lupton N Mangum Y Martin N McCoy N McDonald Y McKelvey N McKinney N Meadows
Milam Y Milford
N Mobley N Moody N Moore
N Morton

N Mostiler Moultrie
Mueller N Oliver.C
Y Oliver.M Y Orrock N Padgett N Pannell
N Parham N Parrish N Patten
Peters N Pettit N Phillips
Pinkston N Pittman
Porter N Powell
Y Prichard Rainey
N Ramsey.T
N Ramsey.V Y Randall N Ransom
NRay N Reaves
Redding Y Richardson N Ricketson N Robinson N Royal Y Selman N Shepard N Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 37, nays 123. The amendment was lost.

N Sizemore N Smith.L N Smith.P
Smith.T N Smith.W
NSmyre N Snow
Y Stancil Y Stanley Y Steinberg N Stephens N Thomas.C Y Thomas.M N Thompson
N Thurmond N Tolbert N Townsend N Triplett
Twiggs N Waddle N Waldrep
Y Walker.C N Walker,L N Wall
N Ware N Watson N Watts Y White N Wilder N Williams.B Y Williams,J
Wilson Wood Y Workman N Yeargin Murphy,Spkr

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend HB 1769 as follows:
By adding a new Section 8 to read as follows: "Every toll established under this Act must expire at a specified period of time, and may be extended beyond said time by approval at the State Tollway Authority."
Renumber 8 as 9, and 9 as 10.

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 Barnett,B Y Barnett.M YBeck Y Benefield

Benn Y Birdsong Y Bishop Y Bostick Y Branch N Brooks Y Brown YBuck

Y Buford YByrd Y Carrell Y Carter Y Chambles Y Chance Y Cheeks Y Childers

Y Clark.B Y Clark.H Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Couch

TUESDAY, FEBRUARY 23, 1988

1423

YCox Y Crawford Y Crosby
Y Cummings,B Cummings.M Davis.G
Y Davis.M Y Dixon Y Dobbs
Dover Y 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 N Hamilton Y Manner Y Harris Y Hasty

Y Heard Y Hensley Y Herbert
Y Holcomb N Holmes
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 Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
N Lupton Y Mangum

N Martin Y McCoy Y McDonald
N McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C N Oliver.M N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y 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 Y Reaves Y Redding
N Richardson Y Ricketson 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 YSmyre YSnow Y Stancil

N Stanley N Steinberg Y Stephens Y Thomas,C
Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 154, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1769, as amended, was ordered immediately transmitted to the Senate.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 833. By Representatives McDonald of the 12th, Lee of the 72nd, Bailey of the 72nd and Murphy of the 18th:
A resolution commending Mr. Joe T. LaBoon and inviting him to appear before the House of Representatives.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1692.

By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Coleman of the 118th, Moody of the 153rd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Anno tated, relating to student transportation under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers.

The following amendment was read and adopted:

Representatives Walker of the 115th and Mangum of the 57th move to amend HB 1692 by striking from line 19 on page 1 the following:

1424

JOURNAL OF THE HOUSE,

"$450.00", and inserting in lieu thereof the following:
"$422.38".

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
Balkcom
Y Bannister Bargeron Barnett,B
Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L
Y Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox
Y Crawford
Y Crosby Y Cummings,B Y Cummings.M
Davis.G Davis,M Y Dixon
Y Dobbs Y Dover
YDunn 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 Y Heard
Y Hensley Y Herbert Y Holcomb

Y Holmes Y Hooks Y Hudson Y 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 Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy Y McDonald
Y McKelvey McKinney
Y Meadows
Milam Y Milford
Y Mobley Y Moody Y Moore YMorton

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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
Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson
Y Royal Selman
Y Shepard Y Sherrod
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
Thompson Y Thurmond
Y Tolbert Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L
Y Wall YWare Y Watson
Y Watts Y White
Wilder Williams,B Y William8,J Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Robinson of the 96th 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 1342.

By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.

The following Committee substitute was read:

TUESDAY, FEBRUARY 23, 1988

1425

A BILL
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking para graph (1) through paragraph (21) of subsection (a) thereof and substituting new para graphs (1) through (21) to read as follows:
"(1) Governor .......................................................................................................$ 88,735.00
An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion.
(2) Lieutenant Governor............................................................................................54,920.00
(3) Adjutant general
The adjutant general shall continue to receive the pay and allow ances under the same procedure as provided by law.
(4) Commissioner of Agriculture ..............................................................................67,756.00
(5) Attorney General..................................................................................................69,315.00
(6) State auditor .........................................................................................................67,236.00
(7) Commissioner of Insurance.................................................................................67,744.00
(8) Commissioner of corrections...............................................................................65,677.00
(9) Commissioner of Labor .......................................................................................67,756.00
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(10) Each member of the State Board of Pardons and Paroles ...........................65,157.00
(11) Each member of the Public Service Commission ...........................................65,190.00
(12) State revenue commissioner ...............................................................................66,437.00
(13) State School Superintendent..............................................................................69,315.00
(14) Secretary of State.................................................................................................67,756.00
(15) Commissioner of veterans service......................................................................67,363.00
The above amount of salary for the commissioner of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(16) Commissioner of banking and finance..............................................................65,678.00
(17) Commissioner of administrative services..........................................................65,676.00

1426

JOURNAL OF THE HOUSE,

(17.1) Chairman of the State Board of Workers' Compensation........................65,154.00
(17.2) Each member of the State Board of Workers' Compensation other than the chairman..............................................,.............................64,119.00
(18) Each Justice of the Supreme Court..................................................................78,550.00
(19) Each Judge of the Court of Appeals.................................................................77,982.00
(20) Each superior court judge................................,..................................................65,519.00
Each superior court judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law.
(21) Each district attomey..........................................................................................58,256.00
Each district attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be pro vided for by law. Each district attorney shall also receive reim bursement of travel expenses as provided by law."

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 following amendment was read and lost:

Representative Wall of the 61st moves to amend HB 1342 as follows: On Line 14, change salary to: "$84,594.".

The following amendment was read:

Representatives Linder of the 44th, Alien of the 127th and Shepard of the 71st move to amend HB 1342 as follows:
By deleting the number "69,315.00" on Page 1, Line 27, and inserting in lieu thereof the number "78,550.00".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Aaron
Y Adams.G N Adams.M Y Aiken
N Alford Y Alien
Athon Atkins
N Bailey N Balkcom Y Bannister N Bargeron N Barnett,B Y Barnett.M N Beck N Benefield N Benn

N Birdsong
N Bishop N Bostick Y Branch
Y Brooks N Brown N Buck N Buford
N Byrd N Carrell N Carter
Chambless Y Chance Y Cheeks N Childers N Clark.B Y Clark.H

N Clark.L
Y Colbert N Coleman N Colwell
N Connell N Couch N Cox Y Crawford
Crosby N Cummings.B N Cummings.M
Davis.G Y Davis.M N Dixon Y Dobbs N Dover N Dunn

N Edwards
Felton N Floyd N Foster
N Galer N Godbee Y Goodwin Y Green
N Greene Y Greer Y Gresham Y Griffin N Groover N Hamilton N Banner N Harris N Hasty

Y Heard
N Hensley N Herbert N Holcomb
Y Holmes Hooks
N Hudson Y Isakson
N Jackson.J Y Jackson, W Y Jamieson N Johnson.D Y Johnson.R N Kilgore Y Kingston
Lane.D N Lane.R

TUESDAY, FEBRUARY 23, 1988

1427

N Langford N Lawler Y Lawrence N Lawson
NLee Y Linder N Long NLord N Lucas Y Lupton
N Mangum N Martin N McCoy
N McDonald N McKelvey Y McKinney
N Meadows NMilam N Milford

N Mobley Y Moody Y Moore
Y Mortpn Mostiler
N Moultrie Y Mueller N Oliver.C
Oliver.M Orrock N Padgett Y Pannell Parham N Parrish N Patten N Peters N Pettit Y Phillips Pinkston

N Pittman Y Porter N Powell N Prichard N Rainey
N Ramsey.T Y Ramsey.V
Randall N Ransom YRay N Reaves
Redding N Richardson N Ricketson N Robinson N Royal N Selman Y Shepard N Sherrod

N Simpson Sinkfield
Y Sizemore N Smith.L N Smith.P
N Smith.T Y Smith.W NSmyre NSnow N Stancil Y Stanley N Steinberg N Stephens N Thomas.C Y Thomas.M N Thompson N Thurmond Y Tolbert Y Townsend

On the adoption of the amendment, the ayes were 53, nays 108. The amendment was lost.

Y Triplett N Twiggs N Waddle Y Waldrep
Walker.C
N Walker.L N Wall
N Ware N Watson N Watts Y White Y Wilder Y Williams.B N Williams,J N Wilson
Wood
N Workman Y Yeargin
Murphy.Spkr

The following amendment was read:

Representative White of the 132nd, et al, move to amend HB 1342 as follows: By adding a new Section "2" on Page 3 to read as follows: "each member of the General Assembly 15,500", and renumbering accordingly.

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 N 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 N Birdsong N Bishop N Bostick N Branch
Y Brooks N Brown NBuck N Buford NByrd
N Carrell N Carter N Chambless N Chance N Cheeks N Childers Y Clark,B N Clark.H Y Clark,L
N Colbert

N Coleman N Colwell N Connell N Couch NCox
N Crawford N Crosby N Cummings.B N Cummings,M
Davis.G N Davis,M N Dixon
N Dobbs N Dover N Dunn N Edwards
Felton N Floyd N Foster N Galer N Godbee N Goodwin N Green N Greene N Greer N Gresbam N Griffin N Groover N Hamilton N Hanner
N Harris N Hasty N Heard N Hensley N Herbert N Holcomb

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 N Lane.R N Langford N Lawler N Lawrence N Lawson NLee N Linder NLong NLord N Lucas N Lupton N Mangum N Martin N McCoy N McDonald
N McKelvey Y McKinney
N Meadows NMilam Y Milford N Mobley N Moody N Moore N Morton

N Mostiler N Moultrie
N Mueller N Oliver.C N Oliver.M
N Orrock N Padgett N Pannell N Parham N Parrish
N Patten N Peters N Pettit
N Phillips Pinkston
N Pittman
N Porter N Powell N Prichard N Rainey N Ramsey.T N Ramsey.V
Randall N Ransom
NRay N Reaves Y Redding N Richardson N Ricketson N Robinson
Royal
N Selman N Shepard N Sherrod N Simpson
Sinkfield

N Sizemore
N Smith.L N Smith.P N Smith.T
N Smith.W N Smyre
NSnow N Stancil
Stanley Y Steinberg N Stephens N Thomas,C N Thomas.M N Thompson N Thurmond N Tolbert N Townsend
Triplett N Twiggs N Waddle N Waldrep
Walker.C N Walker,L N Wall N Ware N Watson
N Watts Y White N Wilder
N Williams.B Y Williams,J N Wilson N Wood Y Workman
N Yeargin Murphy,Spkr

1428

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 12, nays 155. The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M N Aiken Y Alford N Alien Y Athon
N Atkins Y Bailey Y Balkcom N Bannister
Y Bargeron Y Barnett,B N Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch N Brooks Y Brown YBuck
N Buford YByrd Y Carrell Y Carter Y Chambless
N Chance Y Cheeks N Childers
Y Clark.B N Clark.H
N Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox Y Crawford
Y Crosby N Cummings.B Y Cummings,M
Davis.G N Davis.M Y Dixon Y Dobbs N Dover
N Dunn Edwards
Y Felton Y Floyd N Foster Y Galer N Godbee N Goodwin Y Green N Greene Y Greer Y Gresham Y Griffin Y Groover N Hamilton
Y Manner Y Harris
Y Hasty Y Heard N Hensley Y Herbert N 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 N Kingston
Y Lane,D N Lane,R Y Langford
N Lawler N Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald N McKelvey Y McKinney
Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore N Morton

Mostiler Y Moultrie N Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit
Y Phillips Pinkston
N Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T N Ramsey.V
Randall
N Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 N Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplett
Y Twiggs Y Waddle
Waldrep Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B N Williams,J
N Wilson
YWood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 37.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Edwards of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 1342, by substitute, was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 1:30 o'clock, this afternoon.

TUESDAY, FEBRUARY 23, 1988

1429

AFTERNOON SESSION

The Speaker called the House to order. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on Game, Fish and Recreation: HR 820. By Representatives McKelvey of the 15th, Moody of the 153rd, Watts of
the 41st, Branch of the 137th, Smith of the 16th and others: A resolution urging the Board of Natural Resources to develop a single multipurpose license for all types of hunting and fishing in this state.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 830. By Representatives Hasty of the 8th, Walker of the 115th, Reaves of the 147th, Stephens of the 68th, Thurmond of the 67th and others: A resolution honoring Dr. Tal C. Duvall and inviting him to appear before the House of Representatives.
HR 832. By Representatives Foster of the 6th, Griffin of the 6th, Greer of the 39th and Twiggs of the 4th: A resolution inviting Trooper First Class Mickey Little of the Georgia State Patrol to appear before the House of Representatives.
HR 835. By Representative Ricketson of the 82nd: A resolution commending the Lincoln County High School Red Devils football team and inviting them to appear before this body.
HR 837. By Representatives Foster of the 6th, Griffin of the 6th and Ramsey of the 3rd: A resolution inviting Mr. William Jackson Tubb to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 881. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Colwell of the 4th: A resolution expressing regret at the passing of Wilmer H. Shirley.
HR 882. By Representative Smith of the 78th: A resolution commending and recognizing Mr. Jerry Ayer.
HR 883. By Representative Brooks of the 34th: A resolution expressing regret at the passing of Mose Brooks, Jr.
HR 884. By Representative Brooks of the 34th: A resolution expressing regret at the passing of Mrs. Lucille W. Key.

1430

JOURNAL OF THE HOUSE,

HR 885. By Representative Royal of the 144th: A resolution commending C.M. and Bernice Stripling of Camilla, Georgia.

HR 886. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Johnson of the 72nd:
A resolution commending Donna Rampy, Miss Georgia - U.S.A. 1988.

HR 887. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A resolution commending East Clayton Elementary School student "Celebra tion of Writing".

HR 888. By Representatives Buck of the 95th, Galer of the 97th, Robinson of the 96th, Smyre of the 92nd, Bishop of the 94th and Moultrie of the 93rd:
A resolution expressing sympathy regarding the loss of Charles S. Daley.

HR 889. By Representatives Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd, Johnson of the 72nd and Bailey of the 72nd:
A resolution commending G. Larry Wyatt.

HR 890. By Representative Long of the 142nd: A resolution expressing tribute to Ms. Wessie G. Connell.

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:

SR 356. By Senators Ragan of the 32nd, Harrison of the 37th, Newbill of the 56th and others:
A resolution designating the Arthur T. Bacon Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron
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 Y Beck
Benefield Y Benn
Y Birdsong

Bishop
Bostick Y Branch Y Brooks
Brown
Buck Y Buford
Byrd Y Carrell
Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B Y Clark.H Y Clark,L
Y Colbert

Coleman
Y Colwell Y Connell
Couch Y Cox
Y Crawford Y Crosby
Y Cummings.B Cummings,M Davis.G
Y Davis.M Dixon
Y Dobbs Dover
Y Dunn Edwards Felton
Y Floyd

Y Foster
Galer Godbee Goodwin Green
Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Hensley Y Herbert
Y Holcomb

Holmes
Y Hooks Y Hudson
Isakson Jackson.J
Jackson, W Y Jamieson
Johnson.D Y Johnson.R
Kilgore Y Kingston
Lane.D Lane.R Langford Y Lawler Lawrence Y Lawson
Lee

TUESDAY, FEBRUARY 23, 1988

1431

Under Long Lord Lucas Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney Y Meadows Milam Milford Y Mobley Moody Y Moore Y Morton

Mostiler Moultrie Y Mueller Y Oliver.C Oliver.M Orrock Y Padgett Y Pannell Parham Parrish Patten Peters Y Pettit Y Phillips Pinkston Y Pittman Y Porter Powell

Prichard Rainey Y Ramsey.T Y Ramsey.V Randall Ransom Ray Reaves Redding Y Richardson Ricketson Robinson Y Royal Y Selman Y Shepard Y Sherrod Simpson Sinkfield

Sizemore Y Smith.L Y Smith,?
Smith.T Y Smith,W
Smyre YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Tolbert Townsend Y Triplett

Twiggs Y Waddle
Waldrep Walker.C Y Walker.L Y Wall Ware Watson Watts White Y Wilder Williams.B Williams,J Y Wilson Wood Workman Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 93, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 878. By Representatives Thomas of the 69th, Chambless of the 133rd, Childs of the 53rd, Simpson of the 70th and Williams of the 48th:
A bill to provide for the disposition of certain offenses when a person is men tally retarded at the time of the offense or trial; to amend Article 1 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to criminal responsibility, so as to provide that a person shall not be found guilty of a crime if at the time of the act such person was mentally retarded and lacked substantial capacity to appreciate the wrongfulness of the con duct.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to delete the provisions precluding a trial to determine the sanity of a person who has been convicted of a capital offense and establishing proce dures for the Governor to determine the sanity of a person convicted of a capital offense; to provide for definitions; to provide that certain person shall not be executed; to provide procedures for determining mental competency to be executed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relat ing to sentence and punishment, is amended by striking Article 3 of said chapter, relating to disposition of mentally incompetent persons convicted of capital offenses, which reads as follows:
"ARTICLE 3
17-10-60. No person who has been convicted of a capital offense shall be entitled to any inquisition or trial to determine his sanity.
17-10-61. Upon satisfactory evidence being offered to the Governor, showing reason able grounds to believe that a person convicted of a capital offense has become insane subsequent to his conviction, the Governor may, in his discretion, have the convicted person examined by such expert physicians as the Governor may choose, the cost of the examination to be paid by the Governor out of the contingent fund. It shall be the responsibility of the Governor to cause the physicians to receive written instructions

1432

JOURNAL OF THE HOUSE,

which plainly set forth the legal definitions of insanity as recognized by the laws of this state. The physicians shall, after making the necessary examination of the convicted person, report in writing to the Governor whether or not reasonable grounds exist to raise an issue that the person is insane under the standards previously specified to them by the Governor. The Governor may, if he determines that the convicted person has become insane, have the power of committing him to the custody of the Department of Human Resources until his sanity has been restored or determined to be restored as pro vided by law.
17-10-62. When any person shall, after conviction of a capital crime, become insane, and shall be so declared in accordance with Code Section 17-10-61, the convicted person shall be received into the custody of the Department of Human Resources and safely kept and treated as other adjudged insane persons. All the provisions of the law relating to insane persons under sentence of imprisonment shall apply to the class of cases herein provided for, so far as applicable.
17-10-63. If a convicted person committed under Code Section 17-10-61 recovers his sanity, the fact shall be at once certified by the superintendent of the state hospital to the judge of the court in which the conviction occurred. Whenever it shall appear to the judge by the certificate of the superintendent, or by inquiry or otherwise, that the con victed person has recovered, he shall have the person removed to the jail of the county in which the conviction occurred or to some other correctional institution and shall fix a new date of execution as provided in Code Section 17-10-40. He shall issue a new order directing the sheriff to execute the sentence at such date and place as may be named in the order. The judge shall cause the new order and other proceedings in the case to be entered on the minutes of the court.", and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3
17-10-60. As used in this article, the term 'mentally incompetent to be executed' means that because of a mental condition the person is presently unable to know why he or she is being punished and understand the nature of the punishment.
17-10-61. A person under sentence of death shall not be executed when it is deter mined under the provisions of this article that the person is mentally incompetent to be executed as defined in Code Section 17-10-60.
17-10-62. Notwithstanding any other provision of this Code, this article provides the exclusive procedure for challenging mental competency to be executed when such chal lenge is made subsequent to the time of conviction and sentence.
17-10-63. (a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall be the person having actual custody of the applicant.
(b) An application brought under this article shall identify the proceeding in which the applicant was convicted, give the date of the rendition and the final judgment com plained of, set forth the fact that a time period for execution has been set, give the date of the signing of the order and the dates of the designated time period for execution, and shall clearly set forth alleged facts in support of the assertion that the applicant is presently mentally incompetent to be executed. The application shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The application shall identify any previous proceedings that the applicant may have taken challenging his mental competency to be executed or chal lenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The applica tion must be verified with the oath of the applicant or of some other person in his behalf.
17-10-64. Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the cus tody of the Department of Corrections, an additional copy of the application shall be served upon the Attorney General. If the applicant is being detained under the custody of some authority other than the Department of Corrections, an additional copy of the

TUESDAY, FEBRUARY 23, 1988

1433

petition shall be served upon the district attorney of the county in which the application is filed.
17-10-65. As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case for a hearing as soon as possible so that the proceedings may move expeditiously.
17-10-66. (a) By filing an application under this article, the applicant specifically consents to submit to a state examination for the purposes of assessing mental compe tency to be executed.
(b) Simultaneously with the filing of the application, the applicant, if he or she wishes the court to consider any request for appointment of an expert, shall file such a request and shall state specific facts in support of that request so that the court may determine if the applicant's mental competency to be executed is in fact a significant issue. The applicant shall further submit with the motion a specific statement as to the particular expert requested, the nature of the examination to be conducted, the time period within which an examination can be conducted, and an estimate of the expenses to be incurred.
(c) If the applicant has filed a request for an examination as provided in subsection (b) of this Code section and the applicant makes a sufficient showing that his or her mental competency to be executed is a significant issue, the court shall appoint an expert to make an examination of the applicant, with such examination to be conducted as soon as possible. Payment for such expert shall be made by the Department of Corrections unless otherwise designated by the General Assembly.
17-10-67. An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution.
17-10-68. (a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence.
(b) The taking of depositions shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37.
(c) If a sworn affidavit is to be introduced into evidence by either party, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case or, in the event a hearing is set less than five days from the date of the filing of the application, as soon as possible so that opposing counsel has the opportunity to review the affidavit prior to the hearing. The affidavit so served shall be accompanied by notice of the party's intention to introduce it into evidence. The superior court judge considering the application may resolve disputed issues of fact upon the basis of sworn affidavits stand ing by themselves.
(d) After reviewing the pleadings and evidence offered at the hearing, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record in the case.
(e) If the court finds in favor of the applicant by finding that the applicant has proven his or her mental incompetence to be executed by a preponderance of the evi dence, the court shall enter an appropriate order with respect to any scheduled execu tion time period and shall enter such supplementary orders as necessary and proper. If the court denies the application, the court shall direct that immediate telephonic noti fication be given to the parties and any stay presently entered under this article shall be dissolved instanter.
17-10-69. If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be exe cuted, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant's making a prima-facie showing of a substantial change in circumstances sufficient to raise a significant question as to the applicant's mental competency to be executed at the time of filing of any subsequent applications.

1434

JOURNAL OF THE HOUSE,

17-10-70. (a) Appeals in ca8es brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant no appeal shall be ordered unless the Supreme Court of this state issues a certificate of probable cause for the appeal.
(b) If an unsuccessful applicant desires to appeal, he or she must file a written appli cation for a certificate of probable cause to appeal with the clerk of the Supreme Court within three days of the entry of the order denying relief. The applicant shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original tran script of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.
(c) If the trial court finds in favor of the applicant, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court.
17-10-71. If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court ini tially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previ ously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section 17-10-40. The judge of the court which made the determi nation on the issue of mental competency shall cause the new order and other proceed ings in the case to be presented on the minutes of the court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien
Athon
Y Atkins Y Bailey Y Balkcom Y Bannister
N Bargeron Barnett.B
Y Barnett.M Y Beck
Benefield Y Benn
Birdsong

Y Bishop Y Bostick Y Branch N Brooks
Brown Y Buck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Y Chance Cheeks
Y Childers Clark.B
Y Clark.H Y Clark.L
Colbert

Coleman Y Colwell Y Connell Y Couch
N Cox Y Crawford
Crosby
Y Cummings.B Cummings.M Davis.G
Y Davis.M
Dixon Y Dobbs
Dover Y Dunn
Edwards Felton Y Floyd

Y Foster Galer
Y Godbee Y Goodwin
Y Green Greene
Y Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Y Banner Y Harris
Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Holmes Y Hooks Y Hudson
Isakson
Y Jackson,J Jackson.W
Y Jamieson
Johnson.D Y Johnson.R
Kilgore Y Kingston
Lane.D Lane.R
Langford Lawler Y Lawrence Y Lawson Y Lee

TUESDAY, FEBRUARY 23, 1988

1435

Linder Long NLord
Lucas YLupton
Mangum Martin
Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Moultrie YMueller
YOliver.C Oliver M Orrock
Y Padgett
Y Pannell Y Parham Y Parrish
Patten Peters Pettit
Y Phillips Pinkston
YPittman Y Porter Y Powell

Prichard Rainey Y Ramsey.T
Y Ramsey.V Y Randall
Ransom Y Ray
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Shepard
Y Sherrod Simpson Sinkfield

Y Sizemore Y Smith.L Y Smith,P
Y Smith.T Y Smith,W
Smyre Y Snow
Y Stancil Stanley
Y Steinberg Y Stephens Y Thomas.C
Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett

Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson Watts White Y Wilder Y Williams,B Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 878, by substitute, was ordered immediately transmitted to the Senate.

HB 1752. By Representatives Foster of the 6th, Griffin of the 6th, Oliver of the 121st, Aaron of the 56th, Hensley of the 20th and others:
A bill to amend Code Section 39-2-8 of the Official Code of Georgia Anno tated, relating to the employment of certain minors during school vacation months, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions.

The following substitute, offered by Representative Foster of the 6th was read and adopted:

A BILL
To amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions; to provide for other matters relative thereto; 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 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is amended by adding immediately following Code Section 39-2-11 a new Code Section 39-2-11.1 to read as follows:
"39-2-11.1. Notwithstanding any other provision of this chapter or any rule or regula tion of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-2-2 to the contrary, a minor 15 years of age or over may be employed during the months of vacation from school in the care and maintenance of lawns, gardens, and shrubbery, including the operation of equipment in connection therewith, provided the minor is covered by an accident and sickness insurance plan provided by the employer and the minor presents the employer with the certificate required by Code Section 39-2-11. The work authorized by this Code section includes the care and maintenance of lawns, gardens, and shrubbery on the grounds of mills or factories described in Code

1436

JOURNAL OF THE HOUSE,

Section 39-2-1 and on the grounds of any other factory, mill, or business where employ ment of the minor within the factory, mill, or business might be prohibited by this chapter or by rules and regulations of the Commissioner of Labor."
Section 2. This Act shall become effective on June 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, 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
Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B Y Clark,H Y Clark.L
Colbert

Coleman
Y Colwell Connell
Y Couch YCox Y Crawford Y Crosby Y Cummings,B
Cummings,M Davis.G Y Davis.M
Y Dixon Y Dobbs
Dover Y Dunn
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 Manner Y Harris Y Hasty
Y 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
Lane.R Y Langford
Lawler Y Lawrence
Y Lawson YLee Y Under
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Y Phillips Pinkston Y Pittman
Y Porter Y Powell
Prichard Rainey Y Ramsey.T Y Ramsey.V Randall
Ransom YRay
Reaves Redding Y Richardson Ricketson 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
YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Y Ware Watson
Watts White Y Wilder Y Williams.B Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 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.

TUESDAY, FEBRUARY 23, 1988

1437

Representative Jackson of the 9th moved that the House insist on its position in disagreeing to the Senate substitute to HB 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 Jackson of the 9th, Crosby of the 150th and Barnett of the 10th.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1468. By Representative Jackson of the 9th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road, so as to make it unlawful to operate all-terrain vehicles on any public road.

The following Senate substitute was read:

A BILL
To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to rules of the road, so as to make it unlawful to operate all-terrain vehicles on any paved public road; to provide a definition; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to rules of the road, is amended by adding at the end thereof a new Code Section 40-6-252 to read as follows:
"40-6-252. (a) As used in this Code section, the term 'all-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pressure tires and with a seat to be straddled by the operator and with handlebars for steering control.
(b) Except as provided in subsection (c) of this Code section, it shall be unlawful to operate an all-terrain vehicle on any paved public road or highway in this state.
(c) (1) This Code section shall not apply to any person operating a motorized cart or a three-wheeled motorcycle used only for agricultural purposes.
(2) This Code section shall not apply on any unpaved road located on property owned or controlled by the federal or state government or any local government if such government has authorized the use of all-terrain vehicles on such road."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jackson of the 9th and Ramsey of the 3rd move to amend the Senate substitute to HB 1468 by striking from line 4 and line 20 of page 1 the word "paved" and by striking line 1 through line 4 of page 2 and inserting in lieu thereof the following:
"controlled by the federal or state government.

1438

JOURNAL OF THE HOUSE,

(3) This Code section shall not apply on any unpaved road located on property owned or controlled by any local government if such local government has authorized the use
of all-terrain vehicles on such road.'"

Representative Jackson of the 9th moved that the House agree to the Senate substi tute to HB 1468, as amended by the House.
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
Balk com Y Bannister Y Bargeron
Barnett,B Y Barnett,M YBeck
Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks
Y Childers Clark,B
Y Clark.H Y Clark,L
Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis,M
Y Dixon Y Dobbs
Dover YDunn Y Edwards Y Pelton
Ployd N Poster YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham N Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Holmes
Y Hooks Y Hudson
Isakson
Y Jackson,J 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 Lawson
YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin
YMcCoy Y McDonald
Y McKelvey McKinney
Y Meadows
YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 142, nays 4. The motion prevailed.

Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall
Ransom
YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal N Selman N Shepard Y Sherrod
Y Simpson Sinkfield

Y Sizemore
Y Smith.L Y Smith,?
Smith.T
Y Smith,W
Smyre Y Snow Y Stancil Y Stanley
Stein berg Y Stephens
Thomas.C Y Thomaa.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Y Ware
Watson Y Watts
White Y Wilder
Y Williams.B Williams.J
Y Wilson
Y Wood Workman
Y Yeargin Murphy,Spkr

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

TUESDAY, FEBRUARY 23, 1988

1439

COMMITTEE OF CONFERENCE REPORT ON SB 28

The Committee of Conference on SB 28 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 28 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Culver Kidd
Senator, 25th District
/s/ Hudgins benator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dean Alford Representative, 57th District
/s/ Bill Barnett Representative, 10th District

/s/ Gene Walker Senator, 43rd District

/s/ Barbara Couch Representative, 40th District

A BILL
To amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any state employee injured in the line of duty shall be entitled to his regular compensation for the period of time that any 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.
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, 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. ft) (2) 'Fireman' means any person who is employed as a professional firefighter
on a full-time basis of at least 40 hours per week by a state government fire depart ment 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 pertaining to the prevention and control of fires.
{2} (3) '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 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 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.
(4) 'State employee' means a full-time employee of an agency.

1440

JOURNAL OF THE HOUSE,

(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.
(3) Any state employee not covered under paragraph 1} or (2) of this subsection who, on or after July 1^ 1988, 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^ or other state employee injured in the line of duty as provided in subsection (b) of this Code section shall con tinue 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 result ing from a single incident for more than a total of 180 working days. An employee, fire man, 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, 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.

Representative Alford of the 57th moved that the House reject the report of the Committee of Conference on SB 28, that the first Committee of Conference on SB 28 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 Alford of the 57th, Barnett of the 10th and Couch of the 40th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1435.

By Representative McDonald of the 12th:
A bill to amend Code Section 53-8-2 of the Official Code of Georgia Anno tated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment decisions; to provide that individual investments shall be considered as a part of an overall investment strategy.

The following Senate amendment was read:

TUESDAY, FEBRUARY 23, 1988

1441

Amend HB 1435 by adding on Page 2, line 32, after the word "the" the word "individual's".

Representative McDonald of the 12th moved that the House agree to the Senate amendment to HB 1435.
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 Bannister Y Bargeron Barnett,B Y Barnett.M YBeck Y Benefield YBenn Birdsong Bishop Y Bostick Y Branch Y Brooks Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark,L
Colbert

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Crosby Y Cummings.B
Cummings.M 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
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Hensley Y Herbert
Y Holcomb

Holmes Y Hooks Y Hudson
Isakson
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 Lawrence Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y 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.C Y Oliver.M
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 Y Rainey
Ramsey.T Y Ramsey.V Y Randall
Ransom YRay
Reaves Redding Y Richardson Ricketson Y Robinson Y Royal Y Selman Y Shepard Y 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 Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L
YWall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Williams.J Y Wilson
Y Wood Workman
Y Yeargin 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 1495.

By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drink ing age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.

Representative Chambless of the 133rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1495 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.

1442

JOURNAL OF THE HOUSE,

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Chambless of the 133rd, Thomas of the 69th and Groover of the 99th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 34. By Representatives Phillips of the 120th and Patten of the 149th:

A bill to amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Forest Fire Protection Act", so as to require a permit for the burning of any woods, lands, marshes, or other flammable or combustible materials or vegetation; to provide proce dures and requirements for obtaining such permit.

The following Senate amendment was read:

Amend HB 34 by striking line 22 through line 27 of page 3 and inserting in lieu thereof the following:
"misdemeanor."'.
Representative Patten of the 149th moved that the House agree to the Senate amend ment to HB 34.
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 Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L
Colbert

Y Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis.M
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 Manner
Y Harris
Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Holmes 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 Y Lee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Milam
Y Milford
Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 140, nays 0.

Mostiler Moultrie
Y Mueller Y Oliver.C
Oliver.M
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 Ransom
YRay Y Reaves
Redding Richardson Ricketson
Y Robinson Y Royal Y Selman
Y Shepard Y Sherrod
Y Simpson Sinkfield

Sizemore Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

TUESDAY, FEBRUARY 23, 1988

1443

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 1298.

By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Anno tated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a popu lation of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

Representative Crosby of the 150th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1298 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 Crosby of the 150th, Harris of the 84th and Chambless of the 133rd.

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 1277. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Benefield of the 72nd and others:

A BILL

To make and provide appropriations for the fiscal year beginning July 1, 1988 and ending June 30, 1989; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies and for the university system, common schools, counties, municipalities, and political subdivisions and for all other governmental activities, projects and undertakings authorized by law and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1988 and ending June 30, 1989, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $6,254,000,000 for fiscal year 1989.

PARTI LEGISLATIVE BRANCH

Section 1. F.Y. 1989

Legislative Branch. $20,554,894

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;

1444

JOURNAL OF THE HOUSE,

for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative orga nizations upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activi ties; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revi sion; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing services, and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby author ized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. F.Y. 1989

Department of Audits. $12,798,602

PART II JUDICIAL BRANCH

Section 3. F.Y. 1989

Supreme Court. $4,021,608

Section 4. F.Y. 1989

Court of Ap $4,550,216

Section 5. F.Y. 1989

Superior Courts. $35,498,431

Section 6. F.Y. 1989

Juvenile Courts. $374,119

Section 7. F.Y. 1989

Institute of Continuing Judicial Education. $697,068

Section 8. F.Y. 1989

Judicial Council. $1,197,656

Section 9. F.Y. 1989

Judicial Qualifications Commission. $113,310

Section 10. F.Y. 1989

Indigent Defense Council. $2,500,000

TUESDAY, FEBRUARY 23, 1988

1445

Section 11. F.Y. 1989

PART III EXECUTIVE BRANCH
Department of Administrative Services. $39,472,487

Section 12. F.Y. 1989

Department of Agriculture. $36,324,004

Section 13. F.Y. 1989

Department of Banking and Finance. $5,491,588

Section 14. F.Y. 1989

Department of Community Affairs. $8,399,376

Section 15. F.Y. 1989

Department of Corrections. $307,955,832

Section 16. F.Y. 1989

Department of Defense. $4,912,401

Section 17. F.Y. 1989

State Board of Education. $2,269,102,254

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,418.26. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Funds in the amount of up to $357,280 are set aside 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 applica tion 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 the 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 18. F.Y. 1989

Employees' Retirement System. $ -0-

Section 19. F.Y. 1989

Forestry Commission. $31,483,194

Section 20. F.Y. 1989

Georgia Bureau of Investigation. $30,485,156

Section 21. F.Y. 1989

Office of the Governor. $18,357,202

Section 22. F.Y. 1989

Department of Human Resources. $864,683,515

Section 23. F.Y. 1989

Department of Industry and Trade. $20,534,986

Provided, that the Georgia Ports Authority is authorized to continue design and con struction of a second docking facility at Colonel's Island, a breakbulk warehouse at the

1446

JOURNAL OF THE HOUSE,

Garden City Terminal and a parking area for container chassis, which total $16,374,000, using Authority revenue of $10,374,000 in State Fiscal Year 1989. (The remaining
$6,000,000 was funded in State Fiscal Year 1988 with Authority revenue.)

Section 24. F.Y. 1989
Section 25. F.Y. 1989
Section 26. F.Y. 1989
Section 27. F.Y. 1989
Section 28. F.Y. 1989

Department of Insurance. $9,798,842
Department of Labor. $15,926,599
Department of Law. $7,819,381
Department of Medical Assistance. $406,827,293
Department of Natural Resources. $69,623,389

Provided, that no land shall be purchased for State park purposes from funds appro priated in this section or from any other funds without the approval of the State Prop erties Control Commission, except that land specifically provided for in this Section.
Provided, that from the above appropriation Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergencytype water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% percent of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.

Section 29. F.Y. 1989

Board of Postsecondary Vocational Education. $103,014,125

Provided, that none of the State funds appropriated in this section 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 30. F.Y. 1989
Section 31. F.Y. 1989

Department of Public Safety. $82,762,341
Public School Employees' Retirement System. $13,878,962

Section 32. F.Y. 1989

Public Service Commission. $7,517,955

Section 33. F.Y. 1989

Regents, University System of Georgia. $810,110,238

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.

TUESDAY, FEBRUARY 23, 1988

1447

Section 34. F.Y. 1989

Department of Revenue. $66,907,584

Section 35. F.Y. 1989

Secretary of State. $21,261,134

Section 36. F.Y. 1989

Soil and Water Conservation Committee. $1,585,571

Section 37. F.Y. 1989

Georgia Student Finance Commission. $19,495,082

Provided, that of the above appropriated amount relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000.
B) Eligible members of the Georgia National Guard: Not to exceed $100,000. C) Teachers seeking special education training: Not to exceed $225,000. D) Students who are to become agricultural teachers: Not to exceed $30,000. E) Students who are to become mathematics or science teachers: Not to exceed $300,000. The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $900 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 38. F.Y. 1989

Teachers' Retirement System. $8,050,000

Section 39. F.Y. 1989

Department of Transportation. $474,301,307

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 pro vided 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. $132,748,573 has been repaid leaving a balance due of $89,101,427. A $48,000,000 payment shall be applied during the State Fiscal Year 1989 to the $89,101,427 balance due leaving a principal balance due of $41,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Interstate System.
As provided for in the Amended General Appropriations for State Fiscal Year 1988, $22,000,000 in principal amount of General Obligation Bonds are included for advanced financing the replacement of the Talmadge Memorial Bridge, with debt service being pro vided from General Funds and the principal amount to be repaid to the State from Fed eral Demonstration Funds received in Fiscal Years 1990 and 1991.
For this and all future general appropriations acts, it is the intent 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.

1448

JOURNAL OF THE HOUSE,

(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 Offices of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding fiscal year less refunds, rebates and collection costs and enter this amount as being the appropri ation payable in lieu of the Motor Fuel Tax funds appropriated in this section of the 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 projects, except for airports owned by the State of Georgia.

Section 40. F.Y. 1989
Section 41. F.Y. 1989
Section 42. F.Y. 1989
Section 43. F.Y. 1989

Department of Veterans Service. $17,213,925
State Board of Workers' Compensation. $7,210,471
State of Georgia General Obligation Debt Sinking Fund. $275,433,628
Cost-of-Living Salary Adjustment. $115,754,274

In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $115,754,274 for the purposes described herein: (1) for a costof-living adjustment of 2.5% for full-time employees of the executive, judicial and legis lative branches of government, including eligible State agency heads, effective July 1, 1988; (2) For upgrading selected Merit System classifications; (3) For a 2.5% cost-of-living adjustment effective September 1, 1988, for academic personnel and July 1, 1988, for nonacademic 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 Stations; (4) For a 2.5% cost-of-living adjustment effective July 1, 1988, for persons certifi cated or employed by the Board of Postsecondary Vocational Education; (5) For a 2.5% salary adjustment for state-paid school bus drivers and lunchroom workers, effective July 1, 1988; (6) For a 3% increase in the teacher salary schedule in effect for F.Y. 1988 for all certificated public school professional personnel, effective September 1, 1988, which will increase the T-4 entrance level from $17,304 to $17,820 per year; (7) For two 1.5% cost-ofliving adjustments for ERS retirees; and (8) For funding of House Bill 358.

Section 44. 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 45. 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 date 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 46.

TUESDAY, FEBRUARY 23, 1988

1449

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 vehi cles 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 47. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease contracts now in existence or as pro vided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 48. It is the intent of this General Assembly that to the extent to which federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to members of the Appropriations Commit tees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 49. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropria tions Act.
Section 50.

1450

JOURNAL OF THE HOUSE,

In addition to all other appropriations, there is hereby appropriated as needed, a spe cific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 51. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100% federal funds.
Section 52. It is the intent of the General Assembly that for the purposes of this Act, (1) Authorized motor vehicles are defined as sedans, pickup trucks, vans, station wagons and other such vehicles for street and highway use; and (2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles. (3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by the General Assembly.
Section 53. 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 for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new pro gram or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers. (1) For the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publication and Printing, Equipment, Computer Charges, Real Estate Rentals and Tele communications. (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. (3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 54. 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

TUESDAY, FEBRUARY 23, 1988

1451

such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 55. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 56. F.Y. 1989

TOTAL STATE FUND APPROPRIATIONS $6,254,000,000

Section 57. This Act shall become effective upon its approval by the Governor or upon its becom ing law without his approval.

Section 58. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989; 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, 1988, and ending June 30, 1989, 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 $6,254,000,000 for State Fiscal Year 1989.

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........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts -
Staff...............................................................................................$

20,554.894 9,566,914
3,309,287 1,538,600
116,800 6,000 0
493,500 365,000 415,500 63,700 624,000
383,732

1452

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts Elected Officials............................
Postage................................................ Photography....................................... Expense Reimbursement Account. Capital Outlay................................... Total Funds Budgeted...................... State Funds Budgeted.....................

2,315,261 134,800 68,000
1,132,800 21,000
20,554,894 20,554,894

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

$

3,965,981

$

543,772

$

995,200

$

5,504,953

3,965,981 543,772
995,200 5,504,953

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

$

8,114,718

$

330,961

$

1,098,710

$

9,544,389

8,114,718
330,961 1,098,710 9,544,389

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,058,843

$

1,526,721

$

786,990

$

1,132,998

$

5,505,552

2,058,843 1,526,721
786,990 1.132,998 5,505,552

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

TUESDAY, FEBRUARY 23, 1988

1453

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 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........................................................................................! Per Diem, Fees and Contracts......................................................! Real Estate Rentals ........................................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

12,495,008
10,381,288 330,400 857,500 172,500 33,820 24,900 25,500 318,000 295,400 55,700
12,495,008 12,495,008

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. 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......................................................................!

34,598,431 32,897,486
752,652 119,600
73,435
740,258 15,000

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!

348,408

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education..................................................$
Institute's Operations.....................................................................!

550,368 449,706

1454

JOURNAL OF THE HOUSE,

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..............................................................! Payment for Council for Magistrate Court Judges.....................................,..........................................! Payment for Council for Probate Court Judges.......................................................,........................! Payment for Council for State Court Judges................................,...............................................!
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission..............................................................!
PART III. EXECUTIVE BRANCH
Section 10. 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........................................................................................! 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....................................................................................!

100,662
820,663 647,992
71,000 51,671 20,000 20,000 10,000
109,310
23,378,287 39,840,411 8,426,712
252,224 430,100 156,151 4,117,094 8,808,124 3,281,373 882,878 421,098 15,966,243 37,635 332,150 1,957,232
0 32,900,121 10,650,000
608,800 50,000 30,000

TUESDAY, FEBRUARY 23, 1988

1455

Authorities Liability Reserve Fund................
Grants to Counties........... Grants to Municipalities. Total Funds Budgeted..... State Funds Budgeted.....

0
2,600,000
4,200,000 135,948,346 23,378,287

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

370,250 2,370,224
16,708,674
11,066,875 2,529,310
635,631
511,888 49,274,687 3,157,359 40,211,155 5,404,961
1,439,011 620,283
1,648,038 135,948,346

370,250 2,370,224
14,749,448
0 2,529,310
0
511,888 2,677,167
0 0 130,000 0 0 40,000 23,378,287

B. Budget Unit: Georgia Building Authority.................
Georgia Building Authority 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................................ Utilities............................................ Contractual Expenses .................... Fuel................................................... Facilities Renovations and Repairs................................. Total Funds Budgeted................... State Funds Budgeted...................

0
18,324,000 4,623,900
21,100 76,800 105,300 129,700 51,000 10,800 111,100 154,000
0 8,488,000
190,000 0
0 32,285,700
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance

1,922,900 4,737,600 4,880,800

1456

JOURNAL OF THE HOUSE,

Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

4,642,800 199,100
4,343,500 10,961,100
597,900 0
32,285,700

C. Budget Unit: Agency for the Removal of Hazardous Materials ..............................................I
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 .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

Section 11. 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........................................................................................! 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.......................................................................! Payments to Georgia Agrirama Development Authority for Operations....................................................................................! Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.....................................................................!

0 0 0 0 0 0 0
0
4,500,000 3,991,000 I,500,000
175,000 5,000
700,000 0 0
20,000 800,000
0 0 II,691,000 0
31,635,004
27,263,829 2,612,348
877,000 513,604 743,650 396,114 317,928 850,963 390,374 330,754 600,000
2,124,650
1,618,806 547,000 91,000 75,000 205,000
458,600
75,000

TUESDAY, FEBRUARY 23, 1988

1457

Capital Outlay................... Contract - Federation of
Southern Cooperatives.. Tick Control Program ...... Poultry Indemnities.......... Total Funds Budgeted...... State Funds Budgeted......

0
60,000 50,000 100,000 40,301,620 31,635,004

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

4,016,783 6,371,242 1,640,655 3,260,687 4,219,017 1,406,480 3,048,293
5,753,640 4,155,203 4,184,389
364,797 1,880.434 40,301,620

3,570,783 5,999,518 1,601,401 3,260,687 4,141,017 1,406,480 3,040,293
4,468,350 1,659,137
706,904 0
1,780,434 31,635,004

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........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Goods for Resale.............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................?

Section 12. 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

5.491,588
4,567,989 207,511 321,198 0 13,000 24,305 122,402 184,272

1458

JOURNAL OF THE HOUSE,

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

48,911 2,000 5,491,588 5,491,588

Section 13. Department of Community Affairs.
Budget Unit: Department of Community Affairs .................................................$
State 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 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 Residential
Finance Authority.......................................................................! Payment to Georgia Environmental
Facilities Authority for Operations..............................................................................! Grant for Operating Expenses in Butts County................................................................................! Grant for the Rural Economic Development Incentive Project.................................................! Grant for Coastal Area APDC ......................................................$ Grant for Atlanta University in Fulton County.............................................................................,! Grant for Hay House in Bihb County.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,918,076
4,702,230 150,456 177,884 8,200 92,890 24,009 45,615 398,192 62,998 98,132 85,000
1,400,000 25,000
99,800
30,000,000
0 0 650,000
600,000
422,990
25,000
35,000 0
100,000
40,000 39,243,396 7,918,076

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

3,909,952 1,426,054
32,774,169 1,133,221 39,243,396

3,887,452 1,240,748
1,822,701 967,175
7,918,076

TUESDAY, FEBRUARY 23, 1988

1459

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation.............,............................................$ 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.................................................................................! 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................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries....................................................! State Funds Budgeted....................................................................!

286,840.849 207,157,514 23,137,382
1,303,125 1,136,000
305,000 3,716,793
789,450 2,920,461 2,237,292 1,647,263
0 9,625,065
350,000 11,680,000 5,500,000
0 0 600,000
3,099,945
1,579,703
315,196 950,000 14,562,333
48,946
289,190 681,400
0 293,632,058
0 0 286,840,849

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

36,157,049 209,812,071 47,662,938 293,632,058

35,962,049 208,651,274 42,227,526 286,840,849

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..............................................................!

19,047,843
15,684,687 422,484 456,052 116,750 52,000

1460

JOURNAL OF THE HOUSE,

Equipment........................................................................................? Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

131,064 123,000 1,072,131 398,325 91,350 500,000 19,047,843 19,047,843

Section 15. Department of Defense. Budget Unit: Department of Defense .........................................,......$ 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 ......................................................$
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....................................................................!

4,718,461
7,253,027 3,170,233
66,382 27,200 43,275 49,225 13,830 7,800 77,596 192,100
1,050,000 44,100 18,000 42,000 0 563,160 325,125
12,943,053 4,718,461

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

2,283,668
1,927,471 3,260,773 5,471,141 12,943,053

1,179,668
871,607 456,688 2,210,498 4,718,461

Section 16. 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals .....................,..................................................$ Telecommunications.......................................................................!

2,278,637,140
38,257,881 3,942,744 1,499,585
80,590 568,405 461,675 8,878,097 2,198,820 703,133

TUESDAY, FEBRUARY 23, 1988
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...............................................................................! 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...............................................................................!
Job Training Partnership Act .......................................................$
Vocational Research and Curriculum....................................................................................!
Adult Education..............................................................................!

1461
16,775,715 1,007,520
5,000
596,162,877 489,668,522 246,373,930 73,202,496
80,702,658 165,322,881 18,479,238 27,673,716
6,101,116 15,808,209 81,182,495 435,213,275 105,336,885
961,470 (430,128,898)
114,111,755 1,500,000 0 1,000,000 13,298,790
100,000
78,364,380
1,950,000
20,531,560
1,972,000 29,513,987 127,921,445 22,137,830
5,737,928
5,942,530
2,358,975 13,871,985
2,830,345 1,269,600
0 3,084,680
366,540 5,308,185

1462

JOURNAL OF THE HOUSE,

Salaries and Travel of Public Librarians.........................................................................$
Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................$ 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......................................................................................! R. C. Byrd Scholarship Federal....................................................! Innovative Programs.......................................................................! Technology Grants..........................................................................! Limited English - Speaking Students Program .......................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

8,745,130 4,498,850
767,632 3,638,259
78,000,000
25,430,980
8,702,655
10,440,540 2,541,012
670,500 850,000
1,250,000 2,576,445,453
0 2,278,637,140

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Standards and Assessments Special Services 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

3,227,933 16,183,166
874,905 19,557,995 14,631,765 4,020,148
232,175
517,293 2,502,066,288
4,131,040 6,575,380
4.427,365 2,576,445,453

2,800,218 9,131,851
859,515 14,356,420 14,013,850 2,568,053
232,175
517,293 2,218,739,980
3,994,540 6,419,880
4,127,365 2,278,637,140

Section 17. 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................!

0
918,040 15,060 7,500
0 23,500 5,400 280,000 121,500 27,000

TUESDAY, FEBRUARY 23, 1988

1463

Per Diem, Fees and Contracts........... Postage................................................... Benefits to Retirees............................. Employer Contribution ....................... Total Funds Budgeted......................... State Funds Budgeted.........................

Section 18. Forestry Commission. Budget Unit: Forestry Commission........ State 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........... 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.........................

Forestry Commission Functional Budgets

Total Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

4,912,753 31,145,126
28,000
2,407,460 38,493,339

Section 19. 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........................................ Computer Charges........................... Real Estate Rentals........................ Telecommunications....................... Per Diem, Fees and Contracts ......

657,700 69,000
0 0 2,124,700 0
31,153,194
26,069,834 6,613,250
157,298 1,259,133
99,483 2,235,896
63,805 29,694 806,599 490,347 250,000
300,000
30,000
60,000 28,000
0 38,493,339 31,153,194
State Funds
379,301 28,345,433
28,000
2,400,460 31,153,194
30,385,156
21,716,753 1,981,829
600,075 466,800 119,845 546,894 1,081,329 1,775,757 1,403,374 42,500

1464

JOURNAL OF THE HOUSE,

Evidence Purchased................ Utilities..................................... Postage...................................... Capital Outlay......................... Total Funds Budgeted............ Total State Funds Budgeted.

479,000 98,000 73,000
0 30,385,156 30,385,156

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Total

$

2,979,433

$

6,001,347

$

9,807,043

$

5,873,708

$

24,661,531

2,979,433 6,001,347 9,807,043
5,873,708 24,661,531

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................................................

4,579,432 484,260 39,000 44,000 8,000 271,940 111,993 117,000 23,000 40,000 5,000
5,723,625 5,723,625

Section 20. Georgia Student Finance Commission. Budget Unit: Georgia Student
Finance Commission...................................... Administration Budget:
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................................................................................... Paul Douglas Teacher
Scholarship Loans..............................................................

19,249,082
3,596,072 243,435 57,000 0 112,000 19,395 392,701 125,554 18,000 307,500
3,810,000 12,600,540 5,076,500
40,000
112,000 200,000
344,000
550,000

TUESDAY, FEBRUARY 23, 1988

1465

Total Funds Budgeted.. State Funds Budgeted..

27,604,697 19,249,082

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total

4,564,157
307,500
22,733,040 27,604,697

0
160,000
19,089,082 19,249,082

Section 21. Office of the Governor. Budget Unit: Office of the Govemor..................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment........................................................................................! 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..................................................! Art Acquisitions - State Funds.....................................................! Children's Trust Fund Grants ......................................................$ Children and Youth Grants...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

18,224,457 8,513,206
292,513 187,100
0 162,575
58,734 148,300 648,014 212,430 48,707,696 2,744,586 40,000 2,500,000 158,000 2,750,000 345,006 50,000 40,000 200,000 100,000 67,858,160 18,224,457

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 Consumers' Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Vocational Education
Advisory Council Commission on Children
and Youth

5,442,586
791,689
4,204,264 3,774,785 1,952,701 47,739,046
642,710
644,524
1,380,916
282,761
617,178

5,442,586
723,476
4,064,264 3,236,540 1,952,701
322,581 642,710
398,744
310,916
127,761
617,178

1466

JOURNAL OF THE HOUSE,

Growth Strategies Commission Human Relations Commission Total

275,000 110,000 67,858,160

275,000 110,000 18,224,457

Section 22. 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........................................................................................! 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 .............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

425,448,328
48,997,415 2,275,811 1,338,650
0 285,391 388,502 2,708,741 4,987,688 1,041,344 2,319,905 281,074 974,568
0
4,000
7,770,680 8,735,050
215,000 35,495,400 117,819,219
0 52,357,199

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

$

768,025

!

1,115,639

$

302,726

!

8,235,540

$

0

$

4,893,766

$

516,998

$

502,252

!

1,608,108

$

4,980,810

$

1,969,966

!

495,000

$

8,735,050

!

469,655

$

9,341,668

!

687,260

$

768,025

$

1,115,639

!

302,726

!

8,192,785

$

(6,062,815)

$

3,443,234

!

516,998

$

502,252

$

1,608,108

$

4,980,810

!

1,969,966

$

495,000

$

8,370,359

!

132,775

$

0

!

687,260

TUESDAY, FEBRUARY 23, 1988

1467

Child Care Licensing Laboratory Improvement Health Care Facilities
Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
and Development Agency Total

2,254,896 826,199
3,441,819 398,863 754,192
4,444,633 19,956,969 2,874,192 36,959,445
1,285,548 $ 117,819,219

2. Public Health 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......................................................! 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....................................................................!

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

$

736,488

$

334,799

$

1,210,134

$

1,666,234

$

662,918

$

767,633

$

1,964,504

$

1,819,078

2,244,896 483,680
961,967 398,863 553,097 257,960 2,861,384 2,874,192 13,467,490
1,230,548 52,357,199
41,150,042 53,128,338 1,197,253
0 330,545 404,691 620,183 735,160 641,731 3,315,858 24,550 89,898 623,632
4,936,795
2,055,000 2,068,464 7,456,223
400,000 2,650,000

4,050,421 302,000
60,764,094 10,139,655 6,370,000 203,454,533
0 120,060,064

State Funds

$

736,488

$

294,799

$

1,125,134

$

1,567,001

$

662,918

$

739,401

$

1,434,504

$

786,431

1468

JOURNAL OF THE HOUSE,

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 Community Health Management Community Care Total

461,841
1,519,042
I,263,151 II,185,040 9,397,027
186,887 10,385,299 54,861,649 1,682,289 11,767,750 1,354,564
639,206 3,595,345
950,435 4,794,677 2,505,072
9,656,534 2,870,707
1,332,326
6,595,224 51,414,839 3,072,305
2,801,536 203,454,533

258,066
1,263,151 5,424,493 8,789,777
0 5,661,849
0 1,472,114 9,555,807 1,354,564
639,206 3,595,345
411,663 4,674,677 1,444,572
9,656,534 1,428,711
1,332,326
6,595,224 45,772,629
2,289,186 1,093,494 120,060,064

3. Rehabilitation Services 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 ......................................................$ Utilities.............................................................................................! Capital Outlay .................................................................................$ Postage............................................................................................-! Institutional Repairs and Maintenance........................................................................-! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts.............................................................! Purchase of Services Contracts.....................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

60,377,673 8,853,356
801,663 74,000 128,300 431,214 1,395,554 2,676,949 1,402,301 4,260,190 943,324
0 335,300
68,700 15,634,998
50,000 509,100 6,160,606 104,103,228
0 21,340,610

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support

!

3,511,552

!

1,307,073

TUESDAY, FEBRUARY 23, 1988

1469

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

659,442
9,113,244
16,588,654
11,901,287 21,891,189
953,346 32,304,097
470,764 1,193,497 5,106,256
409,900 104,103,228

530,225
1,404,872
4,086,796
588,884 0 0
7,055,620 270,764 580,220
5,106,256 409,900
21,340,610

4. Family and Children Services Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................? Equipment........................................................................................? 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.............................................................? Purchase of Service Contracts ......................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

13,600,590 522,640 397,600 10,400 873,800 73,975
14,742,609 237,663
5,236,950 902,500 9,100
1,327,725 285,892,857
171,992,003 45,707,516 3,602,930 2,171,300 547,302,158
0 231,690,455

Family and Children Services Functional Budgets

Total Funds

State 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

1,328,582 272,440,117
100 12,978,058
46,641,446
73,837,398
43,390,813
6,469,377 2,427,000
858,206

0 100,680,641
100 0
24,692,465
36,918,699
21,831,401
5,887,977 0
858,206

1470

JOURNAL OF THE HOUSE,

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

3,917,244 3,708,240 5,373,950
17,323,170 2,143,721
0 2,318,389 1,525,000 19,614,332 1,939,720
578,500 3,293,375 18,365,300
154,200 757,600 1,275,230 2,855,121
1,787,969 547,302,158

Budget Unit Object Classes: Personal Services.............................................................,...............! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment........................................................................................! 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............................................,.......................................!

3,247,856 3,708,240 2,155,050
9,495,595 2,143,721 (8,695,462) 1,310,631 1,300,000 12,668,204 1,469,164
369,755 2,707,472 3,548,148
53,016 254,436 1,258,830 2,690,121
1,136,189 231,690,455
164,125,720 64,780,145
3,735,166 84,400
1,618,036 1,298,382 19,467,087 8,637,460 3,987,876 15,132,903 1,258,048 2,727,491
0
4,936,795
2,055,000 7,456,223
623,632 400,000 2,650,000
4,050,421 302,000
2,068,464 60,764,094 7,770,680 54,442,566 15,634,998
50,000 285,892,857
171,992,003

TUESDAY, FEBRUARY 23, 1988

1471

Institutional Repairs and Maintenance .........................................................................$
Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$

72,700 10,697,030 53,966,961

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........................................................................................! 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...................................................................! Community Mental Health Center Services............................................................................! Special Purpose Contract...............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted...................................................................!

437,413,353
347,490,162 31,168,542
985,150 893,327 139,700 3,514,500 4,084,195 783,859 2,807,970 5,196,275 14,986,800 293,136
0 2,148,468
2,250,200
1,947,640
31,501,528
97,521,014
15,208,024
80,869,305 1,356,660 2,090,048 496,000
647,732,503 0
437,413,353

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

34,966,576 30,117,480
24,679,140
20,094,036
25,887,406
29,483,052 117,796,505

23,107,124 14,974,290
22,084,608
16,992,529
18,884,817
22,342,405 80,055,004

1472

JOURNAL OF THE HOUSE,

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 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 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 Administration 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 Total

22,940,190
43,140,987
20,598,442 1,852,062
8,329,121
3,325,935
71,493,178 14,897,174
590,729 395,655 1,129,155
80,869,305 367,205
1,663,818
269,360 310,850
3,542,571
20,787,686
74,630 8,047,431
16,649,139 9,265,549 6,314,080 3,453,231 3,575,926 10,451,444 2,457,247
908,649 646,740 3,446,452
667,679
391,180
1,855,508 647,732,503

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade...................................................
State Operations Budget: Personal Services...............................................................

19,751,522
23,613,445
15,122,901 1,699,782
8,329,121
2,423,917
35,938,771 10,358,151
576,483 232,655 1,129,155
33,548,680 367,205
1,413,818
269,360 310,850
3,215,114
14,358,170
74,630 7,376,682
16,257,139 8,880,138 6,243,345 3,337,117 3,464,526 10,451,444 2,457,247
908,649 646,740 3,346,452
667,679
391,180
1,810,508 437,413,353
17.619,986
6,721,925

TUESDAY, FEBRUARY 23, 1988

1473

Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................? Equipment........................................................................................! 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............................................................................! Southern Center for
International Studies..................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,094,069 318,945 68,500 344,900 185,038 125,025 567,140 207,860 265,400 210,000 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000
0
53,000
25,000 0
18,752,986 17,619,986

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

5,845,286 4,799,643 8,108,057 18,752,986

5,035,286 4,616,643 7,968,057 17,619,986

Section 24. 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....................................................................!

9,656,342
8,920,817 396,750 309,000 47,500 150,000 50,670 181,771 525,759 205,021 35,500
10,822,788 9,656,342

1474

JOURNAL OF THE HOUSE,

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

1,478,059 2,411,587
563,297 1,759,027
4,610,818 10,822,788

1,478,059 2,305,602
563,297 1,759,027
3,550,357 9,656,342

Section 25. Department of Labor. Budget Unit: Department of Labor......... State Operations:
Personal Services................................... Regular Operating Expenses............... Travel...................................................... Motor Vehicle Purchases..................... Publications and Printing.................... Equipment.............................................. 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................ Capital Outlay....................................... Total Funds Budgeted.......................... State Funds Budgeted..........................

15,926,599
54,875,137 6,110,400
830,000 11,000 52,700 455,000 5,645,000 1,259,300 1,355,900
60,580,000 381,500 0 400,000
1,000,000 132,955,937 15,926,599

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

2,756,377 15,988,853
114,210,707 132,955,937

745,308 5,299,242
9,882,049 15,926,599

Section 26. 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........................................... Computer Charges.............................. Real Estate Rentals........................... Telecommunications......................... Per Diem, Fees and Contracts......... Books for State Library................... Total Funds Budgeted...................... State Funds Budgeted.......................

7,796,782
6,910,854 350,702 128,000 0 38,000 27,480 229,946 411,800 80,000 60,000 110,000
8,346,782 7,796,782

TUESDAY, FEBRUARY 23, 1988

1475

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services........................................... Departmental Operations Budget:
Personal Services............................................................... Regular Operating Expenses ..........................................
Motor Vehicle Purchases ...............................................................$ Publications and Printing ..............................................................$ Equipment........................................................................................? 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....................................................................?

400,529.278
10,484,630
320,400
189,900 0
85,600 43,536 10,601,654 925,973 343,642 16,286,550 83,000
1,153,129,006
18,204,600 772,500
1,211,470,991 400,529,278

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total

?

1,349,062

?

20,058,578

?

12,778,064

?

2,322,765

?

3,628,916

? 1,171,333,606 ? 1,211,470,991

?

561,404

?

2,583,496

?

3,410,204

?

305,251

?

1,552,759

? 392.116,164 ? 400,529,278

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration Agency Assessments...............................................? Departmental Operations Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Publications and Printing..............................................................? Equipment........................................................................................? 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..................................................................?
State Funds......................................................................................?

26.203,865
6,461,105 178,950 71,000 519,500 73,190
2,183,608 754,119 81,150
36,319,910 231,600
394,787,556 441,661,688
8,319,744
407,083,079 55,000
26,203,865

1476

JOURNAL OF THE HOUSE,

Merit System Functional Budgets

Total 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 Total

2,267,518
1,013,049 910,925
1,272,417
10,743,898 422,205,046
1,775,482 1,473,353 441,661,688

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Operations Budget:
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 ......................................................$ Postage..............................................................................................! Land and Water Conservation
Grants............................................................................................! Recreation Grants ...........................................................................$ Contract with U. S. Geological
Survey for Ground Water Resources Survey .........................................................................S 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.................................................................................!

State Funds
0 0
0
0 26,203,865
0 0 26,203,865
69,284,120
49,954,717 9,197,807
500,450 1,488,794
643,678 1,636,715
616,120 1,706,138 1,286,814 1,441,968
380,131
900,000 500,000
300,000
125,000
1,978,900
350,000 211,500 1,100,000 1,642,380
1,600,000
206,000 50,000
485,000
766,665
20,000

TUESDAY, FEBRUARY 23, 1988

1477

Capital Outlay - Consolidated Maintenance - Game and Fish..................................................$
Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................$ Contract - Georgia Rural
Water Association........................................................................! Contract - Corps of Engineers
(Cold Water Creek State Park) ................................................$ Advertising and Promotion............................................................! Payments to Georgia Agricultural
Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grant ....................................................$ Georgia Boxing Commission..........................................................$ Lanier Regional Committee...........................................................$ Paving at State Parks and
Historic Sites................................................................................$ Total Funds Budgeted....................................................................! Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

347,831 125,000 724,620
10,000
149,405 150,000
1,170,527 150,000
7,000,000 7,000 13,000
500,000 89,436,160
53,750
315,000 0
69,284,120

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

$

7,439,696

$

24,840,209

$

30,920,089

$

24,644,938

$

1.591,228

$

89,436,160

$

7,070,946

$

21,511,966

$

18,122,126

$

21,066,854

$

1,512,228

$

69,284,120

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.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
1,646,987 450,700 54,400 69,000 101,500 263,690 4,000 10,200 50,650 119,400 0
2,770,527 0

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority

$

1,600,000

$

0

1478

JOURNAL OF THE HOUSE,

Georgia Agricultural Exposition Authority
Total

$

1,170,527

$

0

$

2,770,527

$

0

Section 30. 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........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities....................................,......,.................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions......................,............................! Capital Outlay .................................................................................$ Quick Start Program ......................................................................! Area School Program......................................................................! Regents Program.............................................................................! Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

102,260,167
2,602,288 158,000 57,000 0 95,000 10,000 202,451 276,523 35,789
1,310,000 16,000
58,387,292 12,459,252
0 4,200,000 30,810,392 2,600,000
600,000 113,819,987 102,260,167

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

!

4,763,051

! 109,056,936

! 113,819,987

!

3,192,231

!

99,067,936

$ 102,260,167

Section 31. 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..............................................................!

71,343.973
52,621,508 6,769,216
140,300 3,069,000
630,000 681,806 3,600,000 13,000 1,101,443 246,000 1,097,500 225,000
200,000 0
949,200

TUESDAY, FEBRUARY 23, 1988

1479

Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted ..................

71,343,973
0 71,343,973

Administration Driver Services Field Operations Total

Public Safety Functional Budgets

Total Funds

$

16,355,406

$

12,927,033

$

42,061,534

$

71,343,973

State Funds
16,355,406 12,927,033 42,061,534 71,343,973

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units 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......................................................! Postage..............................................................................................! Peace Officers Training Grants ....................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2. Office of Highway Safety 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 ......................................................$ Postage..............................................................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

12,982,368
5,987,056 2,169,772
133,500 115,170 64,000 172,795 356,563 91,853 153,900 1,178,700 29,100 2,675,977
0 13,128,386 12,697,311
392,194 25,100 13,000
0 2,500
0 40,000 63,625 8,000 23,800
1,500 3,500,000 4,069,719
285,057

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

!

4,069,719

$

4,385,266

$

782,077

!

1,103,223

!

402,531

$

285,057

$

4,385,266

$

762,077

$

1,004,223

$

402,531

1480

JOURNAL OF THE HOUSE,

Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

$

340,243

$

6,115,046

$

17,198,105

340,243
5,802,971 12,982,368

Section 32. 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......................................

13,878.962
267,712 13,611,250 13,878,962 13,878,962

Section 33. Public Service Commission. Budget Unit: Public Service
Commission............................... Departmental 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 ....................... Total Funds Budgeted...................................... State Funds Budgeted.....................................

7,229,973
5,679,222 356,461 213,500 57,900 36,080 49,014 329,000 299,825 112,000
1,250,000 8,383,002 7,229,973

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,321,615 3,132,930 3,928,457 8,383,002

1,321,615 2,103,045 3,805,313 7,229,973

Section 34. 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.................................................................!
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................! Special Desegregation Programs...................................................! Authority Lease Rentals ................................................................$ Research Consortium......................................................................!

657,138,100
691,559,508 100,000,000
190,131,372 116,000,000 10,000,000
328,875 363,741
0 0

TUESDAY, FEBRUARY 23, 1988

1481

Eminent Scholars Program............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Departmental Income.....................................................................! Sponsored Income ...........................................................................$ Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

0 1,113.000 1,109,496,496 27,000,000 216,000,000 209,358,396
0 657,138,100

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..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia Military College...........................................................................! CRT INC. Contract at Georgia Tech Research Institute .......................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

137,954,708
178,266,229 49,915,234
74,485,198 23,469,674
267,521 1,664,460
1,215,015
2,612,750 2,381,730
158,000
667,324 12,215,450
729,262 600,000 200,000
739,618
206,000 349,793,465
0 73,384,908 138,453,849
0 137,954,708

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

1,855,120
1,844,718 1,150,719
95,855,055

1,168,212
1,444,718
830,020
11,319,300

1482

JOURNAL OF THE HOUSE,

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 Total

5,673,828 47,601,262 45,123,334 116,677,805 2,783,938
2,293,835 5,495,718 1,743,722 2,275,617 19,418,794 349,793,465

1,779,628 31,594,475 30,396,634 31,240,896 2,783,938
460,835 5,495,718
0 21,540 19,418,794 $ 137,954,708

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................!
Public Telecommunications Commission Budget:
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

6,049,637
5,302,162 5,247,823 10,549,985 4,149,796 6,049,637

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ 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 ......................................................$ County Tax Officials/Retirement
andFICA......................................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................! Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

70,182,584
41,541,962 1,355,818 1,467,725 156,600 2,489,155 378,300 8,449,538 2,621,859 609,037 215,000
1,769,340
1,430,000 5,230,750 2,467,500 70,182,584
0 70,182,584

Department of Revenue Functional Budgets

Departmental Administration

Total Funds

$

4,032,103

State Funds

!

4,032,103

TUESDAY, FEBRUARY 23, 1988

1483

Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

9,130,168 4,583,858 13,813,874 7,482,163 16,923,728 5,999,893 3,938,292 4,278,505 70,182,584

9,130,168 4,583,858 13,813,874 7,482,163 16,923,728 5,999,893 3,938,292 4,278,505 70,182,584

Section 36. Secretary of State. Budget Unit: Secretary of State.........
Personal Services............................ Regular Operating Expenses........
Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,891,131 12,957,247 1,599,189
226,000 126,000 404,000 80,520 603,675 2,171,939 267,642 584,619 500,000 370,300 19,891,131 19,891,131

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total

2,712,296 4,416,997
3,689,801
1,117,041 856,817 175,711
6.922,468 19,891,131

2,712,296 4,416,997
3,689,801
1,117,041 856,817 175,711
6,922,468 19,891,131

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

194,741 74,377
635
6,597 11,356
16,883
77,130 42,156 51,250

381,961 153,281
3,384
36,196 134,596
94,398
421,929 728,294 236,905

1484

JOURNAL OF THE HOUSE,

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

$

G.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

$

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

$

Total

$

B. Budget Unit: Real Estate Commission. Real Estate Commission Budget:

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 12,265 6,649 6,632 48,634 12,622 14,461
5,488 6,501 14,003
8,564 41,874
7,385 1,163,078

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 46,350 25,801 41,656 442,775 333,196
70,864 21,953 30,511 174,370
37,833 109,437
133,695 6,881,566 1,323,867

TUESDAY, FEBRUARY 23, 1988

1485

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...............

804,833
111,270 12,000 17,000 26,800 10,510 166,354 57,300 16,800 101,000 1,323,867 1,323,867

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Committee

$1,323,867

$1,363,867

Section 37. 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........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ 4318Diem, Fees and Contracts......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

1.591,571
736,421 97,128 49,000
0 38,108 8,400 10,750 44,276 15,360 125,732 466,396 1,591,571 1,591,571

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Publications and Printing..............................................................$ Equipment........................................................................................$ 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 for Retirees..................................................................! Total Funds Budgeted....................................................................!

8,050,000
2,510,686 70,000 25,500 80,000 13,850 924,638 302,500 85,000 300,000 93,000
2,500,000
950,000
4,600,000 12,455,174

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State Funds Budgeted....................................................................$

8,050,000

Section 39. 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........................................................................................! 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....................................................................!

473,551,307
201,183,708 49,539,624
1,726,750 1,008,600
787,700 4,361,648 2,048,045 1,292,155 1,914,586 8,345,601 460,031,518 9,317,013 9,317,000
1,270,000
1,285,000 10,617,972
2,815,000
0 31,000,000 797,861,920 473,551,307

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 Total

! 513,244,755

$ 209,595,522

!

5,980,771

!

9,317,013

!

18,920,939

! 757,059,000

$ 220,665,451

! 198,120,826

!

5,305,771

$

9,317,013

!

18.590,939

$ 452,000,000

General Funds Budget
Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities

Total Funds

!

9,317,000

$

750,000

!

1,476,831

!

15,444,089

!

2,815,000

State Funds

!

317,000

750,000 976,831
5,692,476
2,815,000

TUESDAY, FEBRUARY 23, 1988

1487

Maintenance and Betterments Total

11,000,000 40,802,920

11,000.000 21,551,307

Section 40. 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........................................................................................! 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
Medical College of Georgia........................................................! Regular Operating Expenses
for Projects and Insurance.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

17,183,925
4,273,880 49,796 89,000 0 21,000 90,300 2,400 215,519 58,500 15,400 0 33,300
10,154,540
5,283,458
118,000 20,405,093 17,183,925

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

4,753,359
10,268,540
5,383,194 20,405,093

4,522,722
8,394,009
4.267,194 17,183,925

Section 41. 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.............................................

7,200,471
5,757,217 118,091 62,000 0 54,150 43,142 288,131 593,985 95,700 152,055 86,000
7,250,471 7,200,471

Section 42. State of Georgia General Obligation Debt Sinking Fund.

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Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................!

275,433,628

Section 43. 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 44. 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 45. 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.

Section 46. 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 47. 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 48. 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 49. Provisions Relative to Section 16, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,419.59. 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 16, funds are designated and committed for the pur pose 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 1989.
From the Appropriations in Section 16, 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,

TUESDAY, FEBRUARY 23, 1988

1489

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 50. Provisions Relative to Section 17, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by nineteen one-hundredths of one percent of salaries to fund one and and one-half percent cost of living increases on July 1, 1988, and January 1, 1989.

Section 51. Provisions Relative to Section 22, 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 73.74% 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:

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 $ 149 226 270 319 364 395 428 454 478 512 547

From the appropriation in Section 22 (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.
From the appropriations in Section 22 (Department of Human Resources Budget Unit "B") the Department is authorized to use funds to plan for the replacement of Cobb Regional Youth Development Center.

Section 52. Provisions Relative to Section 28, Merit System of Personnel Administration. The Department is authorized to assess no more than $150.00 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 1989 shall not exceed eight percent (8.00%).

Section 53. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 29 (Department of Natural Resources) or from any other funds without

1490

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the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Section 54. Provisions Relative to Section 34, 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 55. Provisions Relative to Section 30 Board of Postsecondary Education. None of the State funds appropriated in Section 30 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 56. Provisions Relative to Section 31 Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
Section 57. Provisions Relative to Section 35 Department of Revenue. From the appropriation in Section 35 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the pur chase of either 1983 or 1990 motor vehicle tags.
Section 58. Provisions Relative to Section 39 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. $132,748,573 has been repaid leaving a balance due of $89,101,427. A $45,000,000 payment shall be applied during the State Fiscal Year 1989 to the $89,101,427 balance due leaving a principal balance due of $44,101,427 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

TUESDAY, FEBRUARY 23, 1988

1491

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 39 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 59. In addition to all other appropriations for the State fiscal year ending June 30, 1989, 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 $7,420,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($7,300,000 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 in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 60. 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 61. 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 62. 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 63. 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.

1492

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The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 64. 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 65. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 66. 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 67. 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 68. (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 1988 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.
(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.

TUESDAY, FEBRUARY 23, 1988

1493

Section 69. 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 70. 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 available in excess of the amounts of such funds appropri ated 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 71. Delayed Hiring Factor by Department.

Corrections "A" Corrections "B" DHR "A" DHR "B" Georgia Insurance Comm. Merit System of Pers. Admin. Dept. of Natural Resources. Public Safety "A" Public Safety "B" Public Service Commission Veterans

$

3,821,500

$

100,000

$

3,692,295

$

3,900,000

$

800

$

4,456

$

347,031

$

268,000

$

158,000

$

3,077

$

3,706

Section 72. Cost-of-Living Increases. In addition to all other appropriations for the State Fiscal Year ending June 30, 1989, there is hereby appropriated $100,832,639 for 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, 1988: 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $17,304 to $17,823 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 2.7% to 2.8%, effective September 1, 1988; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1988; 5.) For certi fied personnel and employees of the Board of Postsecondary Vocational Education a 3% increase effective September 1, 1988; 6.) For University System employees, a 2.5% salary increase to be effective September 1, 1988, for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1988, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 7.) 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, $596,635 is provided for upgrading selected classifications as recom mended by the State Merit System; $2,025,000 is provided for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System Retired Employees and $2,300,000 is provided to fund H.B. 358.

Section 73. 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).

1494

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Section 74. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989.................................................................................$ 6,254,000,000
Section 75. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 76. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1277, designating Representative McDonald
of the 12th as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1277 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Morton of the 47th, et al, move to amend HB 1277 as follows:
On Line 25 of Page 58, insert after the figure "$1,285,000" the following:
"Provided that no funds appropriated in Section 39 of this Act shall be used for the purpose of constructing a "Displaced Threshold" or Runway Extension at DeKalbPeachtree Airport.".

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
Alford Alien N Athon Y Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett,B
Y Barnett,M NBeck N Benefield YBenn N Birdsong N Bishop N Bostick Y Branch Y Brooks N Brown
NBuck N Buford NByrd
Carrell N Carter N Chamhless
Chance Y Cheeks N Childers N Clark,B

Y Clark.H N Clark.L
Colbert N Coleman N Colwell N Connell N Couch NCox N Crawford N Crosby N Cummings,B Y Cummings.M N Davis.G Y Davis.M
Dixon
Y Dobbs N Dover N Dunn N Edwards Y Felton N Floyd
N Foster N Galer
N Godbee Y Goodwin N Green N Greene
Greer Y Gresham N Griffin N Groover N Hamilton
N Hanner

N Harris
N Hasty Heard
Y Hensley N Herbert N Holcomb
N Holmes N Hooks N Hudson Y Isakson N Jackson,J N Jackson, W
Y Jamieson N Johnson.D N Johnson,R
N Kilgore Y Kingston NLane.D N Lane.R N Langford
N Lawler Y Lawrence N Lawson NLee Y Under
N Long NLord N Lucas Y Lupton N Mangum Y Martin N McCoy N McDonald

N McKelvey McKinney
N Meadows NMilam
N Milford N Mobley
N Moody N Moore Y Morton
Mostiler Moultrie Mueller
N Oliver.C Oliver.M
N Orrock N Padgett N Pannell NParham N Parrish
N Patten N Peters N Pettit N Phillips N Pinkston Y Pittman N Porter Y Powell Y Prichard
NRainey N Ramsey.T Y Ramsey.V NRandall
Ransom

Ray Reaves Y Redding N Richardson N Ricketson N Robinson
N Royal Y Selman N Shepard N Sherrod
Simpson N Sinkfield N Sizemore Y Smith.L N Smith,P N Smith.T
Y Smith.W N Smyre N Snow N Stancil Y Stanley Y Steinberg N Stephens N Thomas.C
Y Thomas.M N Thompson
Thurmond
Y Tolbert Y Townsend N Triplett
Twiggs Waddle
N Waldrep

TUESDAY, FEBRUARY 23, 1988

Walker.C
N Walker.L Y Wall

Ware N Watson N Watts

N White Y Wilder Y Williams.B

Williams.J Wilson
N Wood

On the adoption of the amendment, the ayes were 42, nays 113. The amendment was lost.

1495
Y Workman N Yeargin
Murphy,Spkr

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 Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Y Adams.M Y Aiken
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 Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B
Y Cummings,M 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
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 McCoy Y McDonald Y McKelvey Y McKinney
Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Mortop

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M
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 Y Randall
Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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
Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert 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 Y Wilson YWood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs:

1496

JOURNAL OF THE HOUSE,

SB 652. By Senator Dawkins of the 45th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to provide for the salary and compensation of the official court reporters of said circuit; to provide for related matters.

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 1701.

By Representative Randall of the 101st:
A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Anno tated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree meets the educational requirements for licensure.

The following amendment was read and adopted:

Representative Randall of the 101st moves to amend HB 1701 as follows: By adding on Line 19, Page 2, after "therapy" the following: "prior to January 1, 1988. This subsection will expire January 1, 1989."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M N Aiken
Alford Y Alien Y Athon N Atkins N Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Y Barnett.M Beck Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers
Y Clark,B N Clark.H Y Clark.L
Colbert

Y Coleman Y Colwell Y Connell
Couch YCox N Crawford
Crosby Cummings,B Y Cummings.M Y Davis.G N Davis.M Y Dixon N Dobbs Y Dover Dunn
Y Edwards N Felton
N Floyd Y Foster
Galer N Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham
Y Griffin Y Groover Y Hamilton Y Banner N Harris Y Hasty
Y Heard N Hensley Y Herbert N Holcomb

Y Holmes
Y Hooks N Hudson
Isakson Y Jackson,J N Jackson.W
Y Jamieson Y Johnson.D N Johnson.R N Kilgore Y Kingston Y Lane.D N Lane.R Y Langford Y Lawler N Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas N Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney N Meadows
Milam
Y Milford Y Mobley Y Moody
Moore N Morton

Mostiler Y Moultrie
Mueller
Y Oliver.C N Oliver.M N Orrock
Y Padgett N Pannell Y Parham Y Parrish
Patten N Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall
Ransom Ray Y Reaves Redding Y Richardson N Ricketson Y Robinson
Y Royal Selman Shepard
Y Sherrod Simpson
Y Sinkfield

N Sizemore
Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow Y Stancil
Y Stanley N Steinberg
Stephens Thomas.C Y Thomas.M Thompson Y Thurmond N Tolbert N Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall
Ware Y Watson
Y Watts Y White N Wilder N Williams.B
Williams,J N Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

TUESDAY, FEBRUARY 23, 1988

1497

On the passage of the Bill, as amended, the ayes were 109, nays 35.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolutions of the House were read and adopted:

HR 893. By Representatives Herbert of the 76th, Wood of the 9th, Barnett of the 59th, Bannister of the 62nd, Mobley of the 64th and others: A resolution commending and recognizing Patricia Marr as the National Middle School Counselor of the Year.
HR 894. By Representatives Herbert of the 76th, Wood of the 9th, Bannister of the 62nd, Barnett of the 59th and Mobley of the 64th: A resolution commending and recognizing Sharon Ann Wilson as the National Elementary School Counselor of the Year.
HR 895. By Representatives Aiken of the 21st, Wilder of the 21st, Atkins of the 21st, Clark of the 20th, Gresham of the 21st and Isakson of the 21st: A resolution commending the Lassiter High School Marching Trojan Band.

Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 1554 Do Pass, by Substitute

Respectfully submitted, /a/ Wilson of the 20th
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1878. By Representative Robinson of the 96th:
A bill to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding foreclo sure, so as to change the provisions relating to the notice required to be pro vided to debtors regarding certain sales of real estate under powers and to change certain recitals relating thereto.
Referred to the Committee on Judiciary.
HB 1879. 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; to provide that the mayor shall be elected from the city at large by plurality vote; to provide for terms and qualifications; to provide for powers and duties; to provide for elections; to provide for implementation.
Referred to the Committee on State Planning & Community Affairs - Local.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

1498

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 24, 1988

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend L. G. Gilstrap, Pastor, Lanierland Christian Center, Murrayville, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1880. By Representative McDonald of the 12th: A bill to reincorporate and continue the Town of Talmo, in Jackson County, Georgia, and provide for its boundaries and powers.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 24, 1988

1499

HB 1881. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to provide that the chief magistrate of the Magistrate Court of Carroll County shall be an attorney authorized to practice law in the State of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1882. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend an Act providing a new charter for the City of Mt. Zion, so as to provide for the corporate limits of the city.
Referred to the Committee on State Planning & Commuriity Affairs - Local.
HB 1883. By Representatives Chambless of the 133rd, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of the pro bate court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1884. 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 solic itor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1885. By Representatives Isakson of the 21st, Thompson of the 20th, Aiken of the 21st, Atkins of the 21st, Clark of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1886. By Representatives Clark of the 20th, Wilder of the 21st, Isakson of the 21st, Lawler of the 20th, Thompson of the 20th 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.
Referred to the Committee on State Planning & Community Affairs - Local.

1500

JOURNAL OF THE HOUSE,

HB 1887. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to pro vide that the board of education shall consist of no more than 11 members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1888. 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1889. 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 Jonesboro, so as to change the terms of office of the mayor and councilmen; to provide for election of the mayor and councilmen; to change the date of the election.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 903. By Representatives Ricketson of the 82nd, Jackson of the 83rd, Coleman of the 118th and Harris of the 84th:
A resolution creating the House J. Strom Thurmond Lake Study Committee.
Referred to the Committee on Rules.

HR 904. By Representatives Ricketson of the 82nd, Coleman of the 118th, Jackson of the 83rd and Harris of the 84th:
A resolution urging the Congress of the United States and the U. S. Army Corps of Engineers to add water conservation to the list of federally desig nated purposes for J. Strom Thurmond Lake.
Referred to the Committee on Rules.

HR 905. By Representatives Rainey of the 135th and Wood of the 9th:
A resolution authorizing and directing the placing of a plaque honoring Gen eral Courtney Hicks Hodges on the outside of the General Courtney Hicks Hodges Building.
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 1866 HB 1867 HB 1868 HB 1869 HB 1870 HB 1871

HB 1872 HB 1873 HB 1874 HB 1875 HB 1876 HB 1877

WEDNESDAY, FEBRUARY 24, 1988

1501

HB 1878 HB 1879 HR 891 HR 892 SB 365 SB 462 SB 495 SB 558 SB 564

SB 610 SB 621 SB 659 SB 660 SB 661 SB 666 SB 667 SR 367

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 100 Do Pass, by Substitute SB 411 Do Pass, by Substitute SB 412 Do Pass, by Substitute

SB 413 Do Pass, by Substitute SR 347 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 117 Do Pass, by Substitute SB 574 Do Pass, by Substitute

SB 545 Do Pass, by Substitute SB 442 Do Pass, by Substitute

Respectfully submitted, /s/ Jackson of the 9th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recom mendation:
HB 1872 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

1502

JOURNAL OF THE HOUSE,

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 1795 Do Pass, by Substitute HB 1811 Do Pass, as Amended HB 1818 Do Pass HB 1822 Do Pass HB 1823 Do Pass HB 1824 Do Pass HB 1826 Do Pass HB 1827 Do Pass HB 1828 Do Pass HB 1829 Do Pass HB 1830 Do Pass HB 1832 Do Pass HB 1833 Do Pass HB 1834 Do Pass HB 1835 Do Pass HB 1837 Do Pass HB 1838 Do Pass HB 1841 Do Pass

HB 1842 Do Pass HB 1844 Do Pass HB 1847 Do Pass HB 1850 Do Pass HB 1852 Do Pass HB 1853 Do Pass HB 1855 Do Pass HB 1856 Do Pass HB 1857 Do Pass HB 1858 Do Pass HB 1859 Do Pass HB 1860 Do Pass HB 1861 Do Pass HB 1862 Do Pass HB 1863 Do Pass HB 1864 Do Pass HB 1865 Do Pass SB 623 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1548 Do Pass SR 376 Do Pass
Respectfully submitted, /s/ Triplett of the 128th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 24, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 32nd Legislative Day as enumerated below:
HB 216 Supplementary Appropriations: FY 1987-88

WEDNESDAY, FEBRUARY 24, 1988

1503

HB 669 Guardian and Ward: Posting Bond HB 670 Administrators/Executors Posting Bond HB 1030 Motor Vehicle Insurance: Certificates of Self-Insurance HB 1162 Trust Companies: Fiduciary Funds: Awaiting Investment/Dist. HB 1250 Estates: Interest in Property: Amend Provisions HB 1310 Financial Institutions: Small Minority Business Development HB 1311 Dogs: Liability of Owners: Death or Injury to Llamas or Alpacas HB 1336 Water Well Standards Advisory Council: Legal Services HB 1476 Probation: State Participation in Cost of Funding Cert. Sys. HB 1529 Counties: Reimbursement for Capital Felony Expenses HB 1554 Fulton/Atlanta: Hotel-Motel Tax HB 1557 Guardianship: Incapacitated Adults: Certain Certificates HB 1567 Public Works Contracts: Bid Procedure: Bibb County HB 1605 Consumer's Utility Counsel: Repeal Certain Provisions HB 1627 Witnesses: Delivery of Certain Prisoners: Procedure HB 1629 Bus Passenger Safety Act: Amend Provisions HB 1647 Game & Fish Code: Misdemeanor Violations: Probate Courts Juris. HB 1678 Highways: Lease of Property: Exempt Cert. Requirements HB 1691 World Congress Center: Stadium: Financing HB 1729 New Motor Vehicle Dealer: Registration Requirements
HR 811 Richmond County: Convey Certain Property HR 877 Amicalola Falls: Conveyance of Property by U.S. Forest Ser.
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 1795.

By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Pittman of the 60th, Mobley of the 64th and others:
A bill to abolish the office of coroner of Gwinnett County and establish in its place the office of medical examiner of Gwinnett County; to provide for the qualifications, appointment, service, compensation, expenses, functions, powers, rights, and duties of that medical examiner and the office thereof.

The following Committee substitute was read and adopted:

A BILL
To abolish the office of coroner of Gwinnett County and establish in its place the office of medical examiner of Gwinnett County; to provide for the qualifications, appoint ment, service, compensation, expenses, functions, powers, rights, and duties of that medical examiner and the office thereof; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The office of coroner of Gwinnett County is abolished effective January 1, 1989, and there is established in lieu thereof and effective on and after January 1, 1989, the office of medical examiner of Gwinnett County. No person shall be elected at the November general election in 1988 or thereafter to fill the office of coroner of Gwinnett County.

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JOURNAL OF THE HOUSE,

Section 2. The medical examiner of Gwinnett County shall have the qualifications, shall be appointed and serve, shall be compensated and have the expenses of the office paid, and have the functions, powers, rights, and duties as specified in the general law upon which the effective date of Section 4 of this Act is contingent under Section 3 of this Act, but no person shall be qualified to hold the office of medical examiner of Gwinnett County who serves as medical examiner for any other county.
Section 3. If a bill is introduced during the 1988 regular session of the General Assembly to amend the general law so as to authorize the General Assembly by local law to abolish the office of coroner and establish in its place the office of medical examiner in any county of this state and if that bill is passed, becomes law, and becomes effective no later than April 30, 1988, Section 4 of this Act shall become effective May 1, 1988; otherwise this Act shall be void and shall be automatically repealed on that date.
Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of Gwinnett County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the August, 1988, state-wide primary 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 Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which abolishes the office of coroner of Gwinnett County and establishes in its place the office of medical exam-
( ) NO iner of Gwinnett County?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect; otherwise, Sections 1 and 2 of this Act shall be void, shall be of no force and effect, and this Act shall be automatically repealed.
The expense of such election shall be borne by Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 5. Except for Sections 1, 2, and 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 of this Act shall become effective only under the conditions specified in Section 3 of this Act, and Sections 1 and 2 of this Act shall become effective only under the condi tions specified in Section 4 of this Act.
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.

HB 1811.

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 reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said city; to prescribe the corporate limits of said city; to enumerate the corporate powers of the city; to provide for the preser vation of ordinances, bylaws, rules, and regulations; to provide for the offi cials of said city and their selection, oath, compensation, powers, duties, and terms of office.

WEDNESDAY, FEBRUARY 24, 1988

1505

The following amendment was read and adopted:

The State Planning and Community Affairs Committee moves to amend HB 1811 by striking the word "other" on line 17 of page 24 in its entirety and substituting in lieu thereof the word "otherwise".
By striking the word "consistent" on line 20 of page 26 in its entirety and substituting in lieu thereof the word "inconsistent".

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 1818.

By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing for a new charter for the City of Folkston, so as to change certain provisions relating to the jurisdiction, powers, and authority of the Municipal Court of the City of Folkston.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1822.

By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for the election and terms of office of a five-member 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 1823. By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A bill to provide for the Board of Education of Madison 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 1824. By Representative Ricketson of the 82nd:
A bill to amend an Act placing the tax commissioner of Wilkes County on an annual salary, so as to change the compensation of that tax commissioner.

1506

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 1826. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to change the compensation of the members and chair man 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 1830. By Representative Carrell of the 65th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Walton County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1832. By Representative Carter of the 146th:
A bill to amend an Act changing certain provisions relative to the Magistrate Court of Berrien County, so as to provide for the salary of the chief magis trate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1833.

By Representative McDonald of the 12th:
A bill to amend an Act creating the State Court of Jackson County, so as to provide that the judge of such court shall be a full-time judge and shall not engage in the private practice of law; to provide that the solicitor of such court shall be a full-time solicitor and shall not engage in the private practice of 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.

WEDNESDAY, FEBRUARY 24, 1988

1507

The Bill, having received the requisite constitutional majority, was passed.

HB 1834. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Irwinton.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1835. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Gordon.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1837. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the powers, duties, and authority of the board; to create the office of county manager.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1838. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to define 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 1841.

By Representatives Aiken of the 21st, Wilder of the 21st, Clark of the 20th, Atkins of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain costs and the provisions relating to costs in such court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1508

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1842. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 48th, Aaron of the 56th, Linder of the 44th 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 change the provisions relating to the authority of the Chief Executive to vote on matters before the Commission when members of the Commission are equally divided; to provide that certain department heads shall be under the DeKalb County Merit 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 1844. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, so as to change the provisions relative to the compensation of the members and the chairman 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 1847. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to amend an Act to make provisions for the Magistrate Court of John son County, so as to change the method of selection of the chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1850. By Representatives Coleman of the 118th and Branch of the 137th:
A bill to reincorporate the City of Scotland, Georgia, and to grant a new charter to the said city; to repeal and replace the charter of Scotland.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 24, 1988

1509

HB 1853.

By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend an Act creating the office of county administrator of Dougherty County, so as to change the dollar amount of contracts and pur chases below which the administrator need not seek approval from the gov erning 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 1855. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1856. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the State Court of Bulloch County, so as 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 1857.

By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to pro vide for the election of the members of the board of commissioners of the City of Manchester from election districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1858. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1510

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 1859.

By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1860.

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.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1861.

By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that future school superintendents of the Clayton 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 1862.

By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 24, 1988

1511

HB 1863.

By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1864.

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.

SB 623. By Senator Foster of the 50th:
A bill to amend an Act incorporating the City of Clayton, as amended, so as to change the provisions relating to the date of 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.
Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bills of the House were taken up for consideration and read the third time:

HB 1827.

By Representative Carrell of the 65th:
A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain resi dents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett.M Y Beck

1512

JOURNAL OF THE HOUSE,

Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H Y Clark,L
Colbert Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B Cummings,M
Davis.G Davis.M Y Dkon

Dobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Y Foster YGaler Y Godbee
Good win
Y Green Y Greene
Greer Y Gresham
Y Griffin Groover
Y Hamilton Hanner
Y Harris Y Hasty Y 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
Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
Lee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore
Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Orrock

Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Pittman Y Porter Y Powell Prichard Y Rainey Ramsey.T Y Ramsey.V Randall Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod
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 Y Thurmond Y Tolbert
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1828. By Representatives Shepard of the 71st, Mostiler of the 75th, Meadows of the 91st and Ware of the 77th:
A bill to provide a homestead exemption from all Coweta County School Dis trict ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $12,500.00 and who are totally disabled or 65 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch

Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chamhless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L
Colbert Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford

Y Crosby
Y Cummings,B Cummings.M Davis.G Davis.M
Y Dixon Dobbs
Y Dover Dunn
Y Edwards Y Felton
Floyd Y Foster
YGaler Y Godbee
Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin

Groover
Y Hamilton Hanner
Y Harris
Y Hasty Y Heard Y Hensley
Herbert
Y Holcomb Y Holmes
Hooks Hudson 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 Lee
Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey Y McKinney
Y Meadows Milam
Y Milford Y Mobley

WEDNESDAY, FEBRUARY 24, 1988

1513

Y Moody Y Moore
Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Peters

Y Pettit Phillips
Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey
Ramsey.T Y Ramsey.V
Randall Ransom YRay Reaves Y Redding

Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod
Simpson Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith,T Y Smith,W Smyre

Y Snow Y Stancil
Y Stanley Steinberg
Y Stephens Thomas.C
Y Thomas.M
Y Thompson Y Thurmond Y Tolbert
Townsend Y Triplett YTwiggs
Y Waddle Y Waldrep

Y Walker.C Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder
Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1829. By Representative Carrell of the 65th:
A bill to provide a $10,000.00 homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain disabled residents of that county who have annual incomes not exceeding $15,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck
Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark,L
Colbert

Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M Davis.G Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Y Foster Y Galer
Y Godbee Goodwin
Y Green Y Greene
Greer Y Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris Y Hasty Y 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 YLane,D Y Lane,R Y Longford Y Lawler Y Lawrence Y Lawson
Lee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore
Morton

Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Pittman Y Porter
Y Powell Prichard
Y Rainey Ramsey.T
Y Ramsey.V Randall Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Shepard Y Sherrod
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 Y Thurmond
Y Tolbert Townsend
Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder
Y Williams.B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

1514

JOURNAL OF THE HOUSE,

HB 1852.

By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for certain individuals; to provide an additional $2,000.00 homestead exemption from ad valorem taxes of the City of Albany for indi viduals 65 years of age or older.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Bailey
Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert

Coleman
Y Colwell Y Connell Y Couch
YCox Y Crawford
Y Crosby Y Cummings.B
Cummings,M Davis.G Davis.M
Y Dixon Dobbs
Y Dover Dunn
Y Edwards Y Felton
Floyd Y Foster Y Galer Y Godbee
Goodwin Y Green Y Greene
Greer
Y Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris
Y Hasty Y 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 Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
Lee Y Under
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney
Y Meadows Milam
Y Milford Y Mobley
Y Moody Y Moore
Morton

Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Pittman Y Porter Y Powell Prichard Y Rainey Ramsey.T Y Ramsey.V Randall Ransom YRay Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Simpson Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T
Y Smith, W Smyre
Y Snow
Y Stand! Y Stanley
Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

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.

HB 1865. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide a $20,000.00 homestead exemption from Henry County School District ad valorem taxes for educational purposes for residents of that school district who are 62 years of age but below 65 years of age; to pro vide a $25,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 65 years of age.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 24, 1988

1515

On the passage of the Bill, 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 Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Y Barnett,M YBeck
Benefleld YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childere Y Clark,B Y Clark,H Y Clark.L
Colbert

Coleman Y Colwell
Y Connell Y Couch YCos Y Crawford Y Crosby Y Cummings,B
Cummings,M Davis.G Davis.M Y Dixon Dobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Y Poster Y Galer Y Godbee
Good win Y Green Y Greene
Greer Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris Y Hasty Y 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 Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson
Lee Y Linder
Long YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore
Morton

Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock
Y Padgett Y Pannell YParham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Pittman Y Porter Y Powell Prichard Y Rainey
Ramsey.T Y Ramsey.V
Randall Ransom YRay Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Simpson Sinkfleld

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 Y Thurmond Y Tolbert
Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 130, 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:

HB 1616.

By Representatives Isakson of the 21st, Clark of the 20th, Aiken of the 21st, Hensley of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to permit the authority to acquire, construct, own, and operate electric power generation facilities as an incidental part of waterworks projects.

HB 1659. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to provide that each resident of the Cherokee 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 $16,000.00 per annum shall be granted an exemption from all Cherokee County School District taxes on the full value of his homestead owned and occupied by him as a residence.

1516

JOURNAL OF THE HOUSE,

HB 1687.

By Representatives Clark of the 20th, Thompson of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County, so as to remove from the jurisdiction of such system the Director of Juvenile Court Services of the Juvenile Court of Cobb County and provide for the appointment, compensation, and other terms of employ ment for that office.

HB 1705.

By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act known as the "Cobb County Civil Service System Act," so as to provide for a classified and unclassified service; to provide for adoption of a classification plan; to provide that upper managerial and upper supervisory positions shall be in the unclassified service.

HB 1706. By Representatives Atkins of the 21st, Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Wilder 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 provide for an executive secretary to the tax commissioner.

HB 1722. By Representative Thomas of the 69th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to provide for the corporate limits of the City of Villa Rica.

HB 1737. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act providing a new charter for the City of Dalton, so as to provide the authority to the governing body of such City to grant a permanent easement for the use of a certain specified air space as a pedes trian bridge by the Dalton-Whitfield County Hospital Authority, owner, and Hamilton Medical Center, Inc. d/b/a Hamilton Medical Center, lessee.

HB 1739. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Habersham County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia.

HB 1745.

By Representatives Groover of the 99th, Buford of the 103rd, Lucas of the 102nd and Pinkston of the 100th:
A bill to repeal an Act relating to procedures for recall of members of the board of commissioners of Bibb County, to provide for related matters.

HB 1746.

By Representative Ray of the 98th:
A bill to provide that the homestead, but not to exceed $12,000.00 of the value thereof, of each resident of the Peach County school district who is 62 years of age or over and who does not have an income from all sources exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxa tion for educational purposes levied for and in behalf of such school system.

WEDNESDAY, FEBRUARY 24, 1988

1517

SB 538. By Senators Stumbaugh of the 55th, McKenzie of the 14th and Crumbley of the 17th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to define certain terms; to pro vide procedures for the cancellation of the contractual relationship between insurance companies and insurance agents; to provide for notices; to provide exceptions to the notice requirement.

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
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 change certain provi sions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

SB 642. By Senator McGill of the 24th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to pro vide that certain acts shall be unlawful; to prohibit the use or possession of certain cans, containers, or cases under certain conditions; to change the provisions relating to penalties for violations of such article.

SB 647. By Senator Walker of the 43rd:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to prohibit fraudulent purchasing or attempting to purchase residential property; to pro hibit certain false statements, failure to disclose certain information, imper sonation, and other fraudulent schemes or devices; to provide for penalties.

SB 648. 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, the "Fair Business Practices Act of 1975," so as to change the provisions regarding unfair or deceptive acts which are unlaw ful; to eliminate the requirement for notice when certain temporary restrain ing orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.

HB 1217. By Representatives Childers of the 15th, Richardson of the 52nd, Selman of the 32nd, McKelvey of the 15th and Smith of the 16th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care program for disabled adults; to provide a short title.

HB 1399. By Representatives Steinberg of the 46th, Buck of the 95th, Chambless of the 133rd, Ramsey of the 3rd and Oliver of the 53rd:
A bill to amend Code Section 19-13-3 of the Official Code of Georgia Anno tated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions.

1518

JOURNAL OF THE HOUSE,

HB 1437.

By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
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 certifications of corporate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas.

HB 1475.

By Representatives Thomas of the 69th, Cummings of the 17th and Murphy of the 18th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to provide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers.

HB 1596.

By Representatives Rainey of the 135th, Moody of the 153rd, Hasty of the 8th, Peters of the 2nd and Watts of the 41st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the "Georgia Boat Safety Act," so as to change the definition of a personal flotation device.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1703.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change certain provisions relating to expense allowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans.

HB 1711. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to provide that future school superintendents of the Houston County School District shall be appointed by the board of education rather than elected.

HB 1449. By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease con tract.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

WEDNESDAY, FEBRUARY 24, 1988

1519

HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require certain local governments to file an annual report of local government finances with the Department of Community Affairs.

HB 1440.

By Representatives Rainey of the 135th, Moody of the 153rd, Watts of the 41st, Greene of the 130th, Hanner of the 131st and others:
A bill to amend Code Section 27-3-44 of the Official Code of Georgia Anno tated, relating to killing of deer which have no antlers visible, so as to pro vide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.

HB 1519. By Representative Groover of the 99th:
A bill to amend Code Section 45-9-42 of the Official Code of Georgia Anno tated, relating to insurance for persons authorized to operate vehicles by non profit agencies contracting with the Department of Human Resources, so as to change the definition of "nonprofit agencies" to include subcontractors involved in the delivery of services.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 396. By Senators Turner of the 8th and Timmons of the llth:
A resolution proposing an amendment to the Constitution so as to provide that general Acts of the General Assembly causing an increase in expendi tures by counties or municipalities shall not become effective until the first day of January following their enactment and to authorize the General Assembly to provide for procedures for estimating fiscal impact and to pro vide for exemptions; to provide for the submission of this amendment for ratification or rejection.

The Senate has agreed to the House substitute to the following Bill of the Senate:

SB 99. By Senators Crumbley of the 17th, Starr of the 44th, Howard of the 42nd and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide that proceedings on a petition challenging the legality of a sentence of death imposed by a state court of record may be transferred after filing and service to the county in which the sentence was imposed.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 419. By Senators Broun of the 46th and Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to remove the Attorney General from being a member of certain commissions, committees, authorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters.

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SB 424. By Senator Kidd of the 25th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions with respect to tuition equalization grants at private colleges and universities, so as to change the definition of the term "full-time student"; to provide an effective date.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 538. By Senators Stumhaugh of the 55th, McKenzie of the 14th and Crumbley of the 17th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to define certain terms; to pro vide procedures for the cancellation of the contractual relationship between insurance companies and insurance agents; to provide for notices; to provide exceptions to the notice requirement.
Referred to the Committee on Insurance.

SB 573. By Senators Barnes of the 33rd and Harrison of the 37th:
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 change certain provi sions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.
Referred to the Committee on Health & Ecology.

SB 642. By Senator McGill of the 24th:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to pro vide that certain acts shall be unlawful; to prohibit the use or possession of certain cans, containers, or cases under certain conditions; to change the provisions relating to penalties for violations of such article.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 647. By Senator Walker of the 43rd:
A bill to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to prohibit fraudulent purchasing or attempting to purchase residential property; to pro hibit certain false statements, failure to disclose certain information, imper sonation, and other fraudulent schemes or devices; to provide for penalties.
Referred to the Committee on Judiciary.

SB 648. 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, the "Fair Business Practices Act of 1975," so as to change the provisions regarding unfair or deceptive acts which are unlaw ful; to eliminate the requirement for notice when certain temporary restrain ing orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 24, 1988

1521

SR 396. By Senators Turner of the 8th and Timmons of the llth:
A resolution proposing an amendment to the Constitution so as to provide that general Acts of the General Assembly causing an increase in expendi tures by counties or municipalities shall not become effective until the first day of January following their enactment and to authorize the General Assembly to provide for procedures for estimating fiscal impact and to pro vide for exemptions; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on State Planning & Community Affairs.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 811. By Representatives Connell of the 87th, Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th and Brown of the 88th:
A resolution authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia or the Georgia Building Authority (Hospital) in Richmond County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 95, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 877. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain state owned real property located in Towns County, Georgia, to the United States of America, acting by and through its forest service, in exchange for the conveyance to the State of Georgia by the United States of America of all or portions of certain tracts of real property owned by the United States of America and located in Dawson County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 97, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1529. By Representatives Cox of the 141st and Long of the 142nd:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term "county revenue"; to change the provisions relating to the basis for reim bursement of counties for capital felony expenses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

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The Bill, having received the requisite constitutional majority, was passed.

HB 1567.

By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Anno tated, relating to public works contracts, so as to provide that in any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 896. By Representatives Walker of the 115th and Thompson of the 20th:
A resolution recognizing and commending Kelly Jerles as Miss Georgia 1987 and inviting her to appear before the House of Representatives.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has appointed a second Committee of Conference on 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 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 substitutes and has appointed a Committee of Conference on the following Bills 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.

WEDNESDAY, FEBRUARY 24, 1988

1523

The President has appointed on the part of the Senate the following: Senators Stumbaugh of the 55th, Deal of the 49th and Taylor of the 12th.

HB 1495.

By Representatives Chambless of the 133rd, Groover of the 99th, Thomas of the 69th, Robinson of the 96th, Pettit of the 19th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general tort provisions so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drink ing age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions.

The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Barnes of the 33rd and Taylor of the 12th.

HB 1298.

By Representatives Crosby of the 150th, Kilgore of the 42nd and Dixon of the 151st:
A bill to amend Code Section 15-6-93 of the Official Code of Georgia Anno tated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application of this Code Section counties having a popu lation of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Dawkins of the 45th and Hudgins of the 15th.

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 1729. By Representatives Edwards of the 112th, Triplett of the 128th, Dixon of the 151st, Wood of the 9th, Jackson of the 9th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to make it unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the Department of Revenue and unless such activity is carried on at an estab lished place of business.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron YAdams,G
YAdams,M Aiken Alford Alien
Y Athon
Y Atkins Y Bailey YBalkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett,M
Y Beck Y Benefield YBenn
Birdsong Bishop
Y Bostick Y Branch N Brooks N Brown
Buck

Y Buford Y Byrd
Y Carrell Y Carter Y Chambless
Chance Y Cheeks
Y Childers Y Clark,B N Clark.H Y ClarkJL Y Colbert

Y Coleman Colwell
Y Connell Couch
Y Cox N Crawford
Crosby
Y Cummings,B Cummings.M
N Davis.G N Davis.M Y Dison

Y Dobbs Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green Y Greene

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Y Greer
Gresham
Y Griffin N Groover Y Hamilton Y Manner
Y Harris Hasty
Y Heard Y Hensley N 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 Lawier N Lawrence Y Lawson Y Lee
N Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore N Morton

N Mustiler
Y Moultrie
Mueller Y Oliver.C Y Oliver.M N Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter Y Powell N Prichard Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom

Y Ray
Y Reaves
Redding N Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield N Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre N Snow Y Stancil N Stanley N Steinberg N Stephens Y Thomas.C

N Thomas.M
Y Thompson
N Thurmond Y Tolbert Y Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder N Williams.B N Williams.J Y Wilson Y Wood Workman Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 125, nays 25. The Bill, having received the requisite constitutional majority, was passed.

HB 1310. By Representatives Walker of the 85th, Redding of the 50th, Thomas of the 31st, Lucas of the 102nd, Sinkfield of the 37th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for definitions; to provide for the creation and pur poses of small minority business development corporations; to provide for articles of incorporation for such corporations and the approval and amendment of such articles; to provide conditions for the commencement of business and issuance of stock by such cor porations; to provide for fees and certificates; to provide for powers of such corporations; to provide for members of such corporations and authorized transactions of such members with such corporations; to establish which entities may engage in certain transactions involving indebtedness and shares of such corporations and certain conditions relating thereto; to provide for membership application and acceptance; to provide for loans by members of such corporations and terms, conditions, and limitations relating thereto; to provide for the duration of and withdrawal from membership in such corporations; to pro vide for powers of shareholders and members of such corporations; to provide for officers, agents, and boards of directors of such corporations and the powers, duties, liabilities, selection, and meetings thereof; to provide for earned surplus and fiscal years of such cor porations; to provide for deposits of such corporations; to provide for the powers of the Department of Banking and Finance; to provide for the first meeting of such corporations; to provide for the duration and dissolution of such corporations; to prohibit the pledging of credit by the state and the creation of indebtedness of the state or its political subdivi sions on behalf of such corporations; to provide for tax exemptions, credits, and privileges; to provide for occupational taxes; to repeal conflicting laws; and for other purposes.

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1525

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding at the end thereof a new article to read as follows:
"ARTICLE 12 7-1-940. As used in this article, the term:
(1) 'Board of directors' means any board of directors of a corporation created under this article.
(2) 'Corporation' means a Georgia small minority business development corpora tion created under this article;
(3) 'Lending institution' means any bank or trust company, building and loan asso ciation, savings and loan association, insurance company or related corporation, part nership, foundation, pension fund, or other institution engaged primarily in lending or investing funds.
(4) 'Loan limit' means, for any member, the maximum amount permitted to be outstanding at any one time on member loans made by such member to the corpora tion, as determined under this article.
(5) 'Member' means any lending institution authorized to do business in this state which shall undertake to make member loans to a corporation created under this arti cle, upon its call, and in accordance with this article.
(6) 'Member loan' means a loan made by a member upon the call of the corpora tion pursuant to Code Section 7-1-947.
(7) 'Minority person' means a lawful permanent resident of the United States who is:
(A) Black; (B) Hispanic; (C) Asian-Pacific American; (D) Native American; or (E) Asian-Indian American. (8) 'Small minority business' means any for profit corporation, partnership, proprietorship, association, or other business entity which: (A) Is at least 51 percent owned and controlled by minority persons and whose management and daily operation are controlled by one or more of the minority per sons who own it; (B) Has gross revenue of less than $6 million in a 12 month fiscal year; (C) Has a net profit after taxes for each of the last two taxable years of less than $1 million; (D) Employs less than 500 people; and (E) Is not a lending institution. 7-1-941. (a) Five or more persons competent to contract, a majority of whom shall be residents of this state, who may desire to create a small minority business develop ment corporation under this article, for the purpose of promoting, developing, and advancing small minority business and, to that end, to exercise the powers and privileges provided in this article, may be incorporated by presenting articles to the Secretary of State, as provided in this Code section and Code Section 7-1-942. The articles shall con tain: (1) The name of the corporation, which shall include the words 'Small Minority Business Development Corporation of Georgia,' and a recitation that the corporation is organized under this article;
(2) The location of its initial registered office, but such corporation may have branch offices in such other places within the state as may be fixed by the board of directors;
(3) The purposes for which the corporation is founded, which shall include: to pro mote, stimulate, develop, and advance small minority business and thereby promote, stimulate, develop, and advance the business prosperity and economic welfare of the

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State of Georgia; to encourage and assist, through loans, investments, or other busi ness transactions, in the location of the small minority business and industry in this state and to rehabilitate and assist existing small minority business and industry; to stimulate and assist in the expansion of all kinds of small minority business activity which will tend to promote the small minority business development and maintain the economic stability of this state; to provide maximum opportunities for minority employment, encourage thrift, and improve the standard of living of minorities and other citizens of this state; similarly to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and recreational small minority business developments in this state; and to provide financing for the promotion, development, and conduct of all kinds of small minority business activity in this state;
(4) The names and post office addresses of the members of the first board of directors, who, unless otherwise provided by the articles or the bylaws, shall hold office for the first year of existence of the corporation or until their successors are elected and have qualified;
(5) Any provisions which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation and any provision creating, dividing, limiting, and regulating the powers of the corporation, the directors, shareholders, or any class of the shareholders, including, but not limited to, a list of the officers, and provisions governing the issuance of stock certificates to replace lost or destroyed certificates, provided that no provision shall be contained for cumulative voting for directors; and
(6) The amount and number of authorized shares, the par value of each share, and the minimum amount of capital with which it shall do business and, if there is more than one class of stock, a description of the different classes, the names and post office addresses of the subscribers of stock, and the number of shares subscribed by each. The aggregate of the subscription shall be the minimum amount of capital with which the corporation shall commence business, which shall not be less than $100,000.00. The articles may also contain any provisions consistent with the laws of this state for the regulation of the affairs of the corporation. (b) The articles shall be in writing, subscribed by the incorporators, and acknowl edged by each of them before an officer authorized to take acknowledgments. A copy of the articles so subscribed and acknowledged shall be filed with the department for approval.
7-1-942. The Secretary of State shall not approve the articles until at least 20 lend ing institutions authorized to do business in this state have agreed in writing to become members of said corporation; and said written agreement shall be filed with the Secre tary of State with the articles, and the filing of same shall be a condition precedent to the approval of the articles by the Secretary of State. Whenever the articles shall have been filed in the office of the Secretary of State and approved by the Secretary of State and all filing fees and taxes prescribed by law have been paid, the subscribers, their suc cessors, and assigns shall constitute a corporation. Said corporation shall not be author ized to commence business until its articles are approved by the department. Upon such approval by the department, authorized stock of the corporation may thereafter be issued.
7-1-943. (a) Upon receipt of an application for approval of articles from a corpora tion organized pursuant to this article, the department shall exercise its discretion in its consideration of the application; but the department shall not approve the application until it has ascertained to its satisfaction:
(1) That the public need and advantage will be promoted by the establishment of the corporation;
(2) That conditions in the locality in which the corporation will transact business afford reasonable promise of a successful operation;
(3) That the applicants may legally invest in the stock of the corporation and that such investment would not be to the detriment of the applicants;

WEDNESDAY, FEBRUARY 24, 1988

1527

(4) That the proposed members are in good standing with their respective super visory authorities; and
(5) That the proposed officers and directors have sufficient experience, ability, and standing to afford reasonable promise of a successful operation. (b) Within 90 days after receipt of an application for approval of the articles, the department shall issue a certificate either granting or denying permission for the cor poration to commence business, provided that in no instance shall the department grant such permission until it has ascertained to its satisfaction that the above conditions and circumstances have been met and that the articles are in accordance with this article. 7-1-944. Upon receiving the approval of the department, the incorporators shall file the same together with the fee specified by Code Section 7-1-862 with the Secretary of State. The Secretary of State shall then issue a certificate in the form contemplated by Code Section 14-2-172. 7-1-945. In furtherance of its purposes and in addition to the powers now or here after conferred on business corporations by the laws of this state, the corporation shall, subject to the restrictions and limitations contained in this Code section, have the following powers:
(1) To elect, appoint, and employ officers, agents, and employees;
(2) To make contracts and incur liabilities for any of the purposes of the corpora tion, provided that the corporation shall not incur any secondary liability by way of the guaranty or endorsement of the obligations of any person or corporation or in any other manner;
(3) To borrow money and to do all things necessary or desirable to secure aid, assistance, loans, and other financing from its members (whether as member loans or otherwise), from any lending institution, or from any agency established under federal or state law for any of the purposes of the corporation and to issue therefor its bonds, debentures, notes, or other evidences of indebtedness, whether secured or unsecured, and to secure the same by mortgage, pledge, deed of trust, or other lien on its prop erty, franchise, rights, and privileges of every kind and nature or any part thereof or interest therein without securing shareholder or member approval;
(4) To make loans to any small minority business and to establish and regulate the terms and conditions with respect to any such loans and the charges for interest and services connected therewith; provided, however, that the corporation shall not approve any application for a loan unless and until the small minority business apply ing for said loan shall show that such business has applied for the loan through ordi nary lending channels and that the loan has been refused by at least two lending institutions that would be qualified by law to make such a loan, it not being the inten tion of this article to take from any lending institution any such loans or commit ments as may be desired by such organizations generally in the ordinary course of their business;
(5) To purchase, receive, hold, lease, or otherwise acquire and to sell, convey, transfer, lease, or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant thereto and the use thereof, including, but not restricted to, any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obli gations;
(6) To acquire the good will, business rights, real and personal property, and other assets or any part thereof or interest therein of any small minority businesses and to assume, undertake, or pay the obligations, debts, and liabilities of any such small minority business; to acquire improved or unimproved real estate for the purpose of constructing small minority business establishments thereon or for the purposes of disposing of such real estate to others for the construction of small minority business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, oper ate, sell, convey, transfer, lease, or otherwise dispose of small minority business estab lishments;
(7) To acquire, subscribe for, own, sell, hold, assign, transfer, mortgage, pledge, or otherwise dispose of the stock, shares, bonds, debentures, notes, or other securities

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and evidences of interest in or indebtedness of any small minority business and, while the owner or holder thereof, to exercise all the rights, powers, and privileges of owner ship, including the right to vote thereon;
(8) To mortgage, pledge, or otherwise encumber any property, right, or thing of value, acquired pursuant to the powers contained in paragraph (5), (6), or (7) of this Code section, as security for the payment of any part of the purchase price therefor;
(9) To cooperate with and avail itself of the facilities of the United States Depart ment of Commerce, the Department of Industry and Trade, and any other similar state or federal governmental agencies and to cooperate with and assist and otherwise encourage organizations in the various communities of this state in the promotion, assistance, and development of small minority business and the economic well-being of such communities or of this state or any political subdivision thereof;
(10) To redeem or otherwise reacquire its shares under the circumstances and subject to the restrictions now or hereafter set forth for business corporations by the laws of this state;
(11) To make, amend, and repeal bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of the affairs of the corporation, which bylaws may establish internal governance proce dures and standards, including, but not limited to, procedures for voting by proxy at and for giving notice of meetings of directors and of shareholders and members and the delegation by the board of directors of its authority under the articles of incorpo ration and this article to one or more committees of the board or to officers of the corporation, and which bylaws may give the board of directors or committees thereof the power to pass resolutions necessary or convenient to carry out the purposes of the corporation;
(12) To contract with the Small Business Development Centers of the University System of Georgia and economic development centers of other colleges and universi ties, which centers shall also be authorized to contract with the corporation, for the performance of loan application and packaging functions, market studies, and such other activities necessary or convenient to carry out the purposes of the corporation;
(13) To provide technical assistance for both public and private sources of contract opportunities for small minority businesses;
(14) To provide equity funding as authorized for Minority Enterprise Small Busi ness Investment Corporations through the federal Small Business Administration;
(15) To provide for import and export financing for small minority businesses; and (16) To do all acts and things necessary or convenient to carry out the powers expressly granted in this article. 7-1-946. Notwithstanding any rule at common law or any provision of any general or special law or any provision in their respective charters, agreements of association, arti cles of organization, or trust indentures: (1) Any person, including all domestic corporations organized for the purpose of carrying on business within this state and further including, without implied limita tion, public utility companies and insurance companies and foreign corporations licensed to do business within this state and all lending institutions as defined in Code Section 7-1-940 and all trusts are authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evi dences of indebtedness created by or the shares of the corporation and, while owners of said shares, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state, except as otherwise provided in this article; (2) All lending institutions are authorized to become members of the corporation and to make loans to the corporation as provided in this article and such membership shall not constitute a violation of the prohibitions contained in Code Section 7-6-1; (3) Each lending institution which becomes a member of the corporation is author ized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by or the shares of the capital stock of the corporation and, while owners of said stock, to exer cise all the rights, powers, and privileges of ownership, including the right to vote

WEDNESDAY, FEBRUARY 24, 1988

1529

thereon, all without the approval of any regulatory authority of the State of Georgia, provided that the amount of the capital of the corporation which may be acquired by any member pursuant to the authority granted in this Code section shall not exceed 5 percent of the capital base of such member; and
(4) The amount of shares of the corporation which any member is authorized to acquire pursuant to the authority granted in this Code section is in addition to the amount of shares in the corporation which such member may otherwise be authorized to acquire. 7-1-947. (a) Any lending institution may request membership in the corporation by making application to the board of directors on such form and in such manner as said board of directors may require, and membership shall become effective upon acceptance of such application by said board. (b) Each member of the corporation shall make member loans to the corporation when called upon by it to do so on such terms and other conditions as shall be approved from time to time by the board of directors, subject to the following conditions:
(1) All loan limits for member loans may, at the option of the board of directors, be established at the $1,000.00 amount nearest the amount computed in accordance with this Code section; and
(2) No member loan to the corporation shall be made if immediately thereafter the total amount of the obligations (whether under member loans or otherwise) of the cor poration would exceed 50 times the amount then paid in on the capital of the corpora tion. (c) The total amount outstanding on member loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital of the corporation then held by such member, shall not exceed the lesser of:
(1) Twenty percent of the aggregate of the capital of the corporation then out standing plus the total amount then outstanding on all member loans to the corpora tion, including in said total amount outstanding amounts validly called as member loans but not yet loaned; or
(2) The following limit, to be determined each calendar year of membership on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding or, in the case of an insurance company, its last annual state ment to the Commissioner of Insurance:
(A) Five percent of the statutory capital base of a bank or trust company; (B) One-half of 1 percent of the total outstanding loans made by building and loan or savings and loan associations; (C) Two and one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; (D) Two and one-half percent of the unassigned surplus of mutual insurance companies, except fire insurance companies; (E) One-tenth of 1 percent of the assets of fire insurance companies; and (F) Such limits as may be approved by the board of directors of the corporation for other lending institutions; or (3) $750,000.00. (d) Subject to paragraphs (1) and (3) of subsection (c) of this Code section, each call for member loans made by the corporation shall be prorated among the members of the corporation in substantially the same proportion that the adjusted loan limit of each member bears to the aggregate of the adjusted loan limits of all members. The adjusted loan limit of a member shall be the amount of such member's loan limit, as determined by reference to paragraph (2) of subsection (c) of this Code section, reduced by the bal ance of outstanding member loans made by such member to the corporation and the investment in capital of the corporation held by such member at the time of such call. (e) All member loans to the corporation shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely trans ferable at all times and which shall bear interest at a rate of interest determined by the board of directors. 7-1-948. (a) Membership in the corporation shall be for the duration of the corpora tion, provided that, upon written notice given to the corporation two years in advance,

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a member may withdraw from membership in the corporation at the expiration of such notice.
(b) A member shall not be obligated to make any loans to the corporation pursuant to calls made subsequent to notice of the intended withdrawal of said member.
7-1-949. (a) The shareholders and the members of the corporation shall have the following powers of the corporation:
(1) To determine the number of and elect directors as provided in Code Section 7-1-951;
(2) To amend its articles as provided in Code Section 7-1-950; (3) To dissolve the corporation as provided in Code Section 7-1-956; and (4) To exercise such other of the powers of the corporation, consistent with this article, as may be conferred on the shareholders and the members by the bylaws. (b) As to all matters requiring action by the shareholders and the members of the corporation, said shareholders and said members shall vote separately thereon by classes; and, except as otherwise provided in this article, such matters shall require the affirma tive vote of a majority of the votes to which the shareholders present or represented at the meeting shall be entitled and the affirmative vote of a majority of the votes to which the members present or represented at the meeting shall be entitled. (c) Each shareholder shall have one vote, in person or by proxy, for each share of stock held by him; and each member shall have one vote, in person or by proxy, except that any member having a loan limit of more than $1,000.00 shall have one additional vote, in person or by proxy, for each additional $1,000.00 which such member is author ized to have outstanding on loans to the corporation at any one time, as determined under subsection (c) of Code Section 7-1-947.
(d) A holder of or subscriber to shares of the corporation or a member of the cor poration shall be under no obligation to the corporation or its creditors with respect to such shares, subscriptions, or membership except in the circumstances set forth in Code Section 14-2-110, except that this subsection does not affect the obligation of a member to lend funds to the corporation pursuant to valid call.
7-1-950. (a) Except as provided in subsections (b) and (c) of this Code section and subject to the approval of the department, the articles may be amended by the votes of the shareholders and the members of the corporation, voting separately by classes, and such amendments shall require approval by the affirmative vote of two-thirds of the votes to which the members shall be entitled.
(b) No amendment shall be adopted which is inconsistent with the general purposes expressed in paragraph (3) of subsection (a) of Code Section 7-1-941 or which authorizes any additional class of stock to be issued or which would tend to impair the ability of the department to examine and supervise the corporation.
(c) No amendment of the articles which increases the obligation of a member to make loans to the corporation or makes any change in the principal amount, interest rate, or maturity date or in the security or credit position of any outstanding loan of a member to the corporation or affects a member's right to withdraw from membership as provided in Code Section 7-1-948 or affects a member's voting rights as provided in this article shall be made without the consent of each member affected by such amend ment.
(d) Within 30 days after any meeting at which an amendment to the articles is approved, it shall be submitted to the department together with such information as the department shall require. If the department finds in its discretion that the proposed amendment is in conformity with the objectives and requirements of this article, it shall issue its certificate approving the amendment. If the amendment is disapproved, the department shall briefly state its reasons for such action to the corporation. The deci sion of the department shall be conclusive, except as it may be subject to judicial review as provided in Code Section 7-1-90.
(e) Upon the approval of the department, articles of amendment signed and sworn to by the president, treasurer, and a majority of the directors, setting forth such amend ment and due adoption thereof, shall, together with the department's certificate of approval, be submitted to the Secretary of State, who shall examine them and, if he

WEDNESDAY, FEBRUARY 24, 1988

1531

finds that they conform to the requirements of this article, shall so certify and endorse his approval thereon.
7-1-951. The business affairs of the corporation shall be managed and controlled by a board of directors, a president, a vice-president, a secretary, a treasurer, and such other officers and such agents as the corporation shall authorize by its bylaws. The board of directors shall consist of such number, not less than nine nor more than 15, as shall be determined in the first instance by the incorporators and thereafter annually by the members and the shareholders of the corporation. The board of directors may exercise all the powers of the corporation except such as are conferred by law or by the bylaws of the corporation upon the shareholders or members and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacan cies in the office of director, which shall be filled as provided in this Code section. The annual meeting shall be held prior to May 1 or, if no annual meeting shall be held in the year of incorporation, then within 90 days after the approval of the articles at a spe cial meeting as provided in this Code section. At such annual meeting or at each special meeting held as provided in this Code section, the members of the corporation shall elect two-thirds of the board of directors and the shareholders shall elect the remaining directors. The directors shall hold office until the next annual meeting of the corpora tion or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with provisions of the bylaws. Any vacancy in the office of a director elected by the members shall be filled by the directors elected by the members, and any vacancy in the office of a director elected by the shareholders shall be filled by the directors elected by the shareholders. Directors and officers shall not be responsible for losses unless the same shall have been occasioned by the willful misconduct of such directors and officers. Directors shall serve without compensation.
7-1-952. (a) Each year the corporation shall set apart its net earnings for all the preceding fiscal year. Whenever the amount of minimum capital established in Code Section 7-1-941 shall become impaired, it shall be built up again to the required amount in the manner provided for its original accumulation. Net earnings and surplus shall be determined by the board of directors after providing for such reserves as said directors deem desirable, and the determination of the directors made in good faith shall be conclusive on all persons.
(b) Corporations organized under this article shall adopt the calendar year as their fiscal year.
7-1-953. The corporation shall not deposit any of its funds in any bank or other financial institution unless such institution has been designated as a depository by a vote of a majority of the directors present at an authorized meeting of the board of directors, exclusive of any director who is an officer or director of the depository so designated. The corporation shall not receive money on deposit.
7-1-954. The department shall exercise the same power and authority over corpora tions organized under this article as is now or hereafter exercised over banks and trust companies by Articles 1 and 2 of this chapter where such law is not in conflict with this chapter.
7-1-955. (a) The first meeting of the corporation shall be called by a notice signed by three or more of the incorporators, stating the time, place, and purpose of the meet ing, a copy of which notice shall be mailed or delivered to each incorporator at least five days before the day appointed for the meeting. Said first meeting may be held without such notice upon agreement in writing to that effect signed by all the incorporators. There shall be recorded in the minutes of the meeting a copy of said notice or of such unanimous agreement of the incorporators.
(b) At such first meeting the incorporators shall organize by the choice, by ballot, of a temporary clerk; by the adoption of bylaws; by the election, by ballot, of directors; and by action upon such other matters within the powers of the corporation as the incorporators may see fit. The temporary clerk shall be sworn and shall make and attest a record of the proceedings. Four of the incorporators shall be a quorum for the trans action of business.

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7-1-956. (a) The period of duration of the corporation shall be 35 years, subject, however, to the right of its shareholders and the members to dissolve the corporation prior to the expiration of said period as provided in subsection (b) of this Code section.
(b) The corporation may, upon the votes of the shareholders and the members of the corporation, voting separately by classes, dissolve said corporation; and such dissolution shall require approval by the affirmative vote of two-thirds of the votes to which the shareholders shall be entitled. Upon any dissolution of the corporation, none of the corporation's assets shall be distributed to the shareholders until all sums due the mem bers of the corporation as creditors thereof have been paid in full.
7-1-957. Under no circumstances shall the credit of the State of Georgia be pledged to any corporation organized under this article nor shall acts of such corporation in any manner constitute or result in the creation of any indebtedness of the State of Georgia or any county or municipal corporation therein.
7-1-958. (a) Any tax exemptions, tax credits, or tax privileges granted to banks or trust companies, building and loan associations, and other lending institutions by any general laws of this state are granted to corporations organized pursuant to this article.
(b) Every corporation organized and engaged in business under this article shall pay an annual state occupational license tax of $50.00. Counties and municipalities are authorized, in addition, to levy the occupational license taxes as prescribed; provided, however, that no county or municipality shall levy any such occupational license tax in a greater amount than those prescribed."
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
Aiken 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
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers
Y Clark.B Clark.H
Y Clark.L N Colbert

Y Coleman
Y Colwell Y Connell
Couch YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton Floyd Y Foster Y Galer
Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty 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 Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Moultrie Y Mueller Y Oliver.C
Oliver.M
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
Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith.P
Smith.T
Y Smith.W Y Smyre Y Snow
Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J
Y Wilson Y Wood Y Workman
Yeargin Murphy ,Spkr

WEDNESDAY, FEBRUARY 24, 1988

1533

On the passage of the Bill, by substitute, the ayes were 143, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Colbert of the 23rd 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 House was taken up for the purpose of considering the Senate amendment thereto:

HB 1420. By Representative Crosby of the 150th:
A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require certain local governments to file an annual report of local government finances with the Department of Community Affairs.

The following Senate amendment was read:

Amend HB 1420 by adding on line 17 of page 1 after the word "government" and before the word "shall" the following:
"that applies for state appropriated grant funds".
By adding at the end of line 26 of page 1 the following:
"A local government having a population of 1,500 or less according to the United States decennial census of 1980 or any future such census shall be permitted to submit an affidavit of financial status when applying for state appropriated grant funds in lieu of the financial report required in this subsection."

Representative Crosby of the 150th moved that the House disagree to the Senate amendment to HB 1420.
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 1476.

By Representatives Isakson of the 21st, Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Ransom of the 90th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide for state participation in the cost of funding certain county probation systems under certain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a popu lation of 250,000 or more shall become a part of the state-wide probation system on a certain date.

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend HB 1476 by striking from lines 15 through 19 of page 2 the following:

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"The department shall compute the state cost per probationer on a state-wide basis for such fiscal year pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes."
By striking from lines 23 through 25 of page 2 the following:
"state-wide cost per probationer for each probationer being supervised under the respective county probation system",
and inserting in lieu thereof the following:
"annual county probation system budget."
By striking lines 15 through 18 of page 4 and inserting in lieu thereof the following:
"Section 2. This Act shall become effective only upon the appropriation of the funds necessary to carry out the provisions of this Act by the General Assembly."

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
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 Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark,B Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
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 Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty 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
Lane.R Langford N Lawler Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey
Ramsey.T Y Ramsey.V Y Randall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Y Smith,L
Y Smith.P Smith.T
Y Smith, W
YSmyre YSnow Y Stancil Y Stanley Y Steinberg
Y Stephens Thomas.C Thomas.M
Y Thompson Y Thurmond Y Tolbert
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White
Wilder Y Williams.B
Y Williams,J Y Wilson
Y Wood Y Workman
Yeargin Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 148, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 24, 1988

1535

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.

The following amendment was read and adopted:

Representative Pannell of the 122nd moves to amend HB 1162 by striking on line 17 of page 2 the following:
"depositions",
and inserting in its place the following:
"deposits".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 1518.

By Representative Groover of the 99th:
A bill to amend Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases.

The following Senate substitute was read:

A BILL
To amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesti cide contamination cases; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, is amended by adding a new Article 6 at the end thereof to read as follows:
"ARTICLE 6
2-7-170. (a) No person, firm, or corporation engaged in an agricultural, silvicultural, farming, horticultural, or similar operation, place, establishment, or facility, or any of its appurtenances, who has applied or used or arranged for the application or use of any fertilizer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135, et seq., as amended by the Federal Envi ronmental Pesticide Control Act of 1972, 7 U.S.C. 136, et seq., and Article 2 of this chapter, known as the 'Georgia Pesticide Control Act of 1976," and Article 3 of this

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chapter, known as the 'Georgia Pesticide Use and Application Act of 1976,' shall be responsible or liable under this title and Title 12, without proof of negligence or lack of due care, for any damages, response costs, or injunctive relief relating to any direct or indirect discharge or release into, or actual or threatened pollution of, the land, waters, air, or other resources of the state that is or may be associated with or resulting from such application or use, provided that:
(1) Such application or use was in a manner consistent with the labeling of such fertilizer, plant growth regulator, or pesticide and in accordance with acceptable agri cultural management practices and all applicable state and federal laws and regula tions at the time of such application or use;
(2) The state or federal government, or any of its agencies, had approved, recom mended, or permitted the application or use and there is no finding that any condi tions of such approval, recommendation, or permit were violated, or that warnings or limitations regarding the application or use were ignored; and
(3) Such fertilizer, plant growth regulator, or pesticide was licensed by or regis tered with the state or federal government at the time of such application or use and such person, firm, or corporation knew of no special geological, hydrological, or soil type condition existing on the land which rendered such application or use likely to cause pollution. No person, firm, or corporation shall be liable based solely on owner ship of the land where such application or use took place. (b) Nothing in this article shall affect or limit any right of action of an individual against any person, firm, or corporation engaged in an agricultural or farming operation for injury to person or property resulting from such chemical application or use. (c) All orders issued by the Department of Agriculture and the Department of Natu ral Resources prior to July 1, 1988, pursuant to this title and Title 12, and the liability upon which such orders are premised, if any, shall remain in effect unless the orders are otherwise revoked, amended, or modified by the Commissioner of Agriculture or the commissioner of Natural Resources. (d) Nothing in this article shall be construed to prohibit any cause of action based on strict tort liability against any manufacturer of such fertilizer, plant growth regulator, or pesticide."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Groover of the 99th moved that the House agree to the Senate substi tute to HB 1518.
On the motion, the ayes were 107, nays 3.
The motion prevailed.

HB 1324. By Representatives Pannell of the 122nd, Richardson of the 52nd, Steinberg of the 46th, Chambless of the 133rd, Hooks of the 116th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors.

The following Senate substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors; to provide a short title; to provide definitions; to provide for registration of paid solicitors,

WEDNESDAY, FEBRUARY 24, 1988

1537

fundraising counsels, and charitable organizations; to provide for applications, documents, financial statements, fees, accountings, deposits of funds, records, contracts, notices, surety bonds, letters of credit, certificates of deposit, obligations, practices, procedures, and requirements related thereto; to provide for service of process; to provide for refusal, sus pension, or revocation of registration; to provide for renewal and amendment of registra tions; to regulate charitable sales promotions; to require certain disclosures at the point of solicitation; to provide for exemptions for organizations and transactions; to provide for administration by the Secretary of State; to provide for the powers, duties, compensation, and expenses of the Secretary of State and employees thereof; to provide for rules and regulations; to provide for public and confidential records; to provide for investigations, subpoenas, hearings, and cooperation with other agencies or jurisdictions; to provide for disclosure of information; to prohibit certain acts or practices and provide penalties there for; to provide for private, administrative, civil, and criminal actions; to provide for venue; to provide for judicial review; to provide for application of certain laws; to provide for immunity of the Secretary of State; to provide for the burden of proving exemptions; to provide for evidence; to provide for applicability of laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to profes sions and businesses, is amended by striking Chapter 17, relating to professional fund raisers and professional solicitors, and inserting in lieu thereof a new Chapter 17 to read as follows:
"CHAPTER 17
43-17-1. This chapter shall be known and may be cited as the 'Georgia Charitable Solicitations Act of 1988.'
43-17-2. As used in this chapter, the term: (1) 'Administrator' means the office created in subsection (a) of Code Section
10-1-395. (2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or
eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable orga nization as defined by this paragraph. The term charitable organization shall not include religious agencies and organizations and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization.
(3) 'Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph.
(4) 'Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a chari table organization or purpose.
(5) 'Commercial coventurer' means a person who for profit is regularly and prima rily engaged in trade or commerce other than in connection with soliciting for chari table organizations or purposes and who conducts a charitable sales promotion.
(6) 'Contribution' means the promise or grant of any money or property of any kind or value.
(7) 'Executive officer' means the chief executive officer, the president, the prin cipal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.

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(8) 'Fund raising counsel' means any person who, for compensation, plans, man ages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization, but who does not solicit con tributions and who does not employ, procure, or engage any compensated person to solicit contributions. A lawyer, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable orga nization, paid solicitor, or fund-raising counsel or advises a person to make a contribu tion or holds charitable funds subject to an escrow or trust agreement shall not be deemed, as a result of such actions, to be a fundraising counsel. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be
a fundraising counsel. (9) 'Membership' or 'member' means a status by which, for the payment of fees,
dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offi ces. The term 'membership' or 'member' shall not be construed to apply to a person on whom an organization confers a membership solely as a consideration for making a contribution.
(10) 'Paid solicitor' means a person other than a commercial coventurer or chari table organization who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such compensated person or by any compensated person he employs, procures, or engages, directly or indirectly, to solicit. A paid solicitor shall also include any fundraising counsel who at any time has custody of contributions from a solicita tion as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization or commercial
coventurer shall not be deemed to be a paid solicitor. (11) 'Person' means an individual, a corporation, a partnership, an association, a
joint-stock company, a trust, or any unincorporated organization.
(12) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
(13) 'State' means any state, territory, or possession of the United States, the Dis trict of Columbia, Puerto Rico, and the Virgin Islands.
43-17-3. (a) No paid solicitor shall solicit contributions on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 within or from this state, unless he is a registered paid solicitor pursuant to this Code section.
(b) A fundraising counsel who at any time has custody of contributions from a chari table solicitation on behalf of a charitable organization required to be registered pur suant to Code Section 43-17-5 must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, account ants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement.
(c) (1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.
(2) Applications for registration may be made by any person and shall be accom panied by the registration fee set forth in subsection (b) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this subsection and such

WEDNESDAY, FEBRUARY 24, 1988

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other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it quali fied to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limita tions, if any, of the liability of any general partner, limited partner, director, affili ate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affili ate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A list of any other states in which the applicant is registered as a paid solic itor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto;
(G) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunc tion or disciplinary proceeding by any state agency involving any aspect of fundraising or solicitation, has ever been convicted of or charged with a mis demeanor of which fraud is an essential element or which involved charitable fundraising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, con viction, or charge; and
(H) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings.
(3) The applicant shall attach to the application for registration as a paid solicitor a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted account ing principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(4) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a paid solicitor unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he shall immediately notify the applicant of such registration.
(5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his business address and to any charitable organization who proposes to employ such applicant.
(6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for

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registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certi fied, shall be certified by an inde pendent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(7) The registration of a paid solicitor shall be promptly amended to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $100.00. (e) (1) There shall be a contract between a paid solicitor and a charitable organiza tion which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of the gross revenue from the solicitation campaign that the charitable organization will receive. Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provi sions of paragraphs (2), (3), and (4) of this subsection.
(2) If the compensation of the paid solicitor is contingent upon the number of con tributions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue.
(3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reason able estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assump tions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations con ducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the chari table organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue.
(4) The stated percentages required by this Code section shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged.
(f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Secretary of State. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for direct ing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out.
(g) The Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether the applicable requirements of this chapter relating to the same are satisfied. The Secretary of State shall notify the paid solicitor of any deficiencies therein.
(h) Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year,

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the paid solicitor shall account to the charitable organization with whom it has con tracted for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall be available to the Secretary of State upon request.
(i) Each contribution collected by the paid solicitor shall, in its entirety and within ten days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account.
(j) (1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records:
(A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge;
(B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation;
(C) A record of all contributions at any time in the custody of the paid solicitor; (D) A record of all expenses incurred by the paid solicitor for which the chari table organization is liable for payment; (E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation cam
paign; and (F) Such other records as may be prescribed by the Secretary of State by rule
and regulation. (2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period
as specified in paragraph (1) of this subsection: (A) The name and address of those contributors donating tickets and the
number of tickets donated by each contributor; and (B) The name and address of all organizations receiving donated tickets for use
by others, including the number of tickets received by each organization. (3) All records of such paid solicitor are subject to such reasonable periodic, spe
cial, or other examinations by representatives of the Secretary of State, within or out side this state, as the Secretary of State deems necessary or appropriate in the public
interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law
enforcement purposes. 43-17-4. (a) Except as otherwise provided in this subsection, no applicant shall be
registered as a paid solicitor under this chapter nor shall any such registration be renewed until the applicant files with the Secretary of State a bond satisfactory to the
Secretary of State in the sum of $10,000.00 payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal
with any and all provisions of this chapter and any regulations and orders issued by the Secretary of State. Any such bond may be canceled by the principal or surety by giving notice to the Secretary of State, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in auto
matic cancellation of the principal's registration until a new bond satisfactory to the
Secretary of State is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amount prescribed in this subsection for the
bond required of a paid solicitor shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be
construed as individ ual liability. (b) The requirement for filing of such bond by an applicant for registration or
renewal of registration as a paid solicitor shall not be applicable if the applicant for
registration or renewal of registration as a paid solicitor has deposited in trust with the
Secretary of State: (1) A certificate of deposit or letter of credit evidencing a deposit with a financial
institution satisfactory to the Secretary of State in the amount of $10,000.00 payable
to the applicant and assigned to the Secretary of State;

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(2) An irrevocable letter of credit addressed to the Secretary of State in the amount of $10,000.00, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of compe tent jurisdiction in which the applicant is found liable for damages under this chapter; or
(3) Obligations of the United States, an agency thereof, or the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $10,000.00.
(c) Such deposits shall be held for the benefit of all persons to whom the applicant is liable for damages under this chapter for a period of two years after such applicant's registration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdic tion), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. Such deposits shall not be released except upon application to and the written order of the Secretary of State. The Secretary of State shall have no liability for any such release of any deposit or part thereof made by him in good faith. The Secretary of State may designate any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the Secretary of State a proper trust and safekeeping receipt upon which the Secretary of State shall give an official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, bring an action for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the Secretary of State, a letter of credit or securities of the kinds specified in subsection (b) of this Code section of equivalent or greater value. No judgment cred itor or other claimant of the applicant shall levy upon any deposit held pursuant to this Code section or upon any part thereof, except as specified in this subsection. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the Superior Court of Fulton County, as pro vided in subsection (d) of this Code section, a sufficient amount of the deposit to pay the judgment in the action.
(d) In the event that the applicant prevails in such action and in the event that such deposits have been held by the Secretary of State for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be released to the applicant; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. If a judgement is rendered in such action by which it is determined that the applicant is liable for damages under this chapter and the applicant has not paid the judgment within ten days of the date the judgment became final or if the applicant petitions the Supreme Court of the United States to take certiorari jurisdiction over such action and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then such person may petition the Superior Court of Fulton County for an order directing the Secretary of State to reduce such deposit or a portion thereof sufficient to pay the judgment to cash or its equivalent and to pay
such judgment to the extent the judgment may be satisfied with the proceeds of the
deposit. If there shall remain any residue from the deposit and if at least two years have

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passed since the expiration or revocation of the applicant's registration, the Secretary of State shall pay such residue to the applicant, taking his receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, in which case the Secretary of State shall hold or dispose of such residue in accordance with the provisions of this subsection relating to the holding or disposing of the entire deposit. If more than one final judgment is rendered against the applicant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgments, in the order in which the judgment creditors peti tioned the Superior Court of Fulton County.
(e) Anything in this Code section to the contrary notwithstanding, the Secretary of State shall comply with any order of a Georgia or United States court of competent jurisdiction to turn over any deposit held by him pursuant to subsection (a) of this Code section or the proceeds from any bond held by him pursuant to subsection (a) of this Code section to a trustee or receiver for the use and sole benefit of persons on whose behalf the Secretary of State holds such deposit or proceeds.
43-17-5. (a) It shall be unlawful for any person to solicit or accept charitable con tributions from any person in this state unless the charitable organization on whose behalf such contributions are being solicited is:
(1) Subject to an effective registration statement under this chapter; or (2) Is exempt from registration pursuant to Code Section 43-17-9. (b) (1) Every charitable organization, except those exempt from registration pur suant to Code Section 43-17-9, which intends to solicit in this state or have contribu tions solicited in this state on its behalf by other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration state ment with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration. (2) A registration statement shall be signed by an authorized executive officer of the charitable organization and shall contain the following information:
(A) The name under which the charitable organization intends to solicit con tributions;
(B) The names and addresses of officers, directors, trustees, and executive per sonnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors;
(C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor;
(D) The general purposes for which the charitable organization is organized;
(E) The purposes for which the contributions to be solicited will be used;
(F) The period of time during which the solicitation will be made;
(G) The method of solicitation; and
(H) Such other information as the Secretary of State may require.
(3) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Secretary of State in actions against such applicant in the manner and form provided in Code Section 43-17-18.
(4) There shall be filed with such application a financial statement of the chari table organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance

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with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year.
(5) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amendments to its organizationalinstrument within 30 days after adoption.
(6) The Secretary of State may waive the furnishing of any information required by this subsection and may require such additional information as to the previous his tory, records, or association of the applicant, general partners, limited partners, direc tors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter.
(7) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he shall immediately notify the applicant of such registration.
(8) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization.
(9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such informa tion has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable orga nization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable orga nization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such finan cial statements shall be prepared in accordance with generally accepted accounting prin ciples and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(10) The registration of a charitable organization shall be promptly amended to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.
(c) The fee for the initial registration of a charitable organization shall be $25.00. The fee for filing amendments to the registration shall be $15.00. The annual renewal fee for a charitable organization shall be $10.00.
(d) A charitable organization shall maintain for not less than three years a record of all contributions including, but not limited to, the name and address of each contributor giving $25.00 or more directly to the charitable organization, the date and amount of the contribution, and the location and account number of all bank or other financial insti tution accounts in which the charitable organization has deposited contributions. All records of charitable organizations which relate to charitable solicitations or charitable contributions are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary

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of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
43-17-6. (a) Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agree ment shall be signed by an authorized representative of the charitable organization and the commercial coventurer and it shall include, at a minimum, the following:
(1) The goods or services to be offered to the public;
(2) The geographic area where, and the starting and final date when, the offering will be made;
(3) The manner in which the charitable organization's name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization;
(4) If applicable, the maximum dollar amount that will benefit the charitable orga nization;
(5) The estimated number of units of goods or services to be sold or used; (6) A provision for a final accounting on a per unit basis to be given by the
commercial coventurer to the charitable organization and the date by which it will be made;
(7) A statement that the charitable sales promotion is subject to the requirements of this chapter; and
(8) The date by when, and the manner in which, the benefit will be conferred on the charitable organization.
(b) The final accounting for the charitable sales promotion shall be kept by the commercial coventurer for three years after the final accounting date.
(c) All records of charitable organizations and commercial coventurers pertaining to
such sales promotion are subject to such reasonable periodic, special, or other exami nations by representatives of the Secretary of State, within or outside this state, as the
Secretary of State deems necessary or appropriate in the public interest or for the pro tection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement pur
poses.
43-17-7. (a) The Secretary of State, by order, may deny, suspend, or revoke a regis tration, limit the fundraising activities that an applicant or registered person may per form in this state, bar an applicant or registered person from association with a paid
solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public
interest and that the applicant, registered person, or such other person: (1) Has filed an application for registration with the Secretary of State which, as
of its effective date or any date after filing in the case of an order denying effective ness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a
material fact; (2) Has willfully violated or failed to comply with this chapter, a prior enactment,
or a rule promulgated by the Secretary of State under this chapter or a prior enact ment;
(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of compe
tent jurisdiction that the person has violated the charitable organizations regulatory
act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this
chapter had the acts occurred in this state; (4) Within the last ten years has been convicted of a felony or misdemeanor which
the Secretary of State finds:

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(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses;
(B) Arises out of the conduct of solicitation of contributions for a charitable organization; or
(C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraud ulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor; (7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or (8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order under this subsection when the deficiency is corrected. (b) The Secretary of State may not begin a proceeding on the basis of a fact or transaction known to the Secretary of State when the registration became effective unless the proceeding is begun within 90 days after effectiveness of the registration. (c) If the Secretary of State finds that an applicant or registered person is no longer in existence; has ceased to do business as a paid solicitor or charitable organization; is adjudicated mentally incompetent or subjected to the control of a committee, conserva tor, or guardian; or cannot be located after reasonable search, the Secretary of State, by order, may deny the application or revoke the registration. (d) The Secretary of State may at any time require a charitable organization or paid solicitor to file with him a financial statement showing its financial condition as of the most recent practicable date, but such financial statement need not be certified. 43-17-8. Every charitable organization or paid solicitor registered under this Code section and soliciting in this state shall include the following disclosures at the point of solicitation:
(1) The name and location of the paid solicitor; (2) The name and location of the charitable organization for which the solicitation is being made; (3) That the following information will be made available upon request:
(A) A full and fair description of the charitable program for which the solicita tion campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solic itation is being carried out; and
(B) A financial statement or summary which shall be consistent with the finan cial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and (4) In the case of a telephone solicitation, the location of the caller. 43-17-9. (a) The following persons are exempt from the provisions of Code Sections 43-17-3, 43-17-4, 43-17-5, 43-17-6, and 43-17-8:
(1) Nonprofit educational institutions and those organizations, foundations, associ ations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution;
(2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public;
(3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicita tion of contributions is carried on by persons for their services and is confined to their membership or to persons within the county in which such organization is located;

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1547

(4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary;
(5) Any charitable organization whose total gross revenue is less than $15,000.00 per calendar year or which is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A)(i) and (iii) and Internal Revenue Code section 6033(a)(2)(C)(i);
(6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501 (c) (3) or Section 501 (c) (4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; or
(7) political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions.
(b) Local community organizations or local fundraising campaign managers affiliated with or acting for a state-wide parent organization by contract or agreement need not register separately with the Secretary of State. The single registration of the state-wide
parent organization shall be considered all inclusive of all of its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which
they are located and their directors, as provided in Code Section 43-17-5. (c) National charitable organizations having a Georgia affiliate registered under this
chapter need not register separately with the Secretary of State; provided, however, that all records of such national organizations which relate to charitable soliciations or chari table contributions shall be subject to such reasonable periodic, special, or other exami nations by the Secretary of State, within or outside this state, as the Secretary of State
deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
(d) Charitable organizations which do not solicit or receive contributions from the
general public other than through affiliated organizations registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable soliciations or charitable con
tributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems
necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law
enforcement purposes. (e) The Secretary of State is authorized to exempt, by rule, regulation, or order, such
entities and organizations from the registration provisions of Code Section 43-17-5 as he deems necessary and appropriate in the public interest.
43-17-10. (a) The administration of this chapter shall be vested in the Secretary of State.
(b) The Secretary of State is authorized to administer oaths in and to prescribe
forms for all matters arising under this chapter. The Secretary of State shall cooperate with the administrators of the charitable solicitation laws of other states with a view to
assisting those administrators in the enforcement of such laws and to achieving maxi mum uniformity in the interpretation of like provisions of the laws administered by
them and in the forms which are required to be filed under such laws. (c) The Secretary of State is authorized to employ examiners, clerks, stenographers,
and other employees as the administration of that portion of this chapter vested in him may require. The Secretary of State is also authorized to appoint and employ investi
gators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and
to swear out and execute search warrants and arrest warrants. (d) The Secretary of State may promulgate such rules and regulations, not incon
sistent with the provisions of this chapter, necessary for the administration and enforce
ment of this chapter. Such rules and regulations shall be promulgated in accordance
with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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(e) The Secretary of State or any persons employed by him shall be paid, in addition to their regular compensation, the transportation fare, board.lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter.
(f) The Secretary of State may delegate such of his powers and duties under this chapter as he desires to a division director in his office.
(g) The Secretary of State may designate filing depositories for all records required to be filed and maintained under this chapter. Such records may be maintained in orig inal form or by means of microfilm, microfiche, microphotographic reproduction, photo graphic reproduction, word processing, computerization, or other acceptable reproductive methods.
(h) Except as provided in subsection (i) of this Code section, information and docu ments filed with or obtained by the Secretary of State are public information and are available for public examination.
(i) The following information and documents do not constitute public information under subsection (h) of this Code section and shall be confidential:
(1) Information or documents obtained by the Secretary of State in connection with an investigation under Code Section 43-17-11; and
(2) Any document or record specifically designated as confidential in accordance with this chapter or the rules and regulations promulgated under this chapter. 43-17-11. (a) The Secretary of State, in enforcing this chapter, may:
(1) Make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of this chapter;
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) Publish information concerning any violation of this chapter or any rule, regu lation, or order under this chapter.
(b) (1) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigation, to require the attendance of wit nesses, to require the production of books, records, and papers.and to take the deposi tions of witnesses. For such purposes the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. Such subpoenas may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(2) The Secretary of State may issue and apply to enforce subpoenas in this state at the request of the administrator of the charitable solicitation laws of another state if the activities constituting an alleged violation for which the information is sought would be a violation of this chapter if the activities had occurred in this state.
(c) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) In addition to any other hearings and investigations which the Secretary of State is authorized or required by this chapter to hold, the Secretary of State is also author ized to hold general investigative hearings on his own motion with respect to any matter under this chapter. A general investigative hearing as provided for in this subsection

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1549

may be conducted by an person designated by the Secretary of State for that purpose and may, but need not be, transcribed by the Secretary of State or by any other inter ested party. No formal action may be taken as a result of such investigative hearings, but the Secretary of State may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have.
(e) The Secretary of State may cooperate with the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975,' in enforcing the provisions of this chapter. Said cooperation includes, but is not limited to, making a joint examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging information and documents; and disclosing information and documents obtained in connection with an investigation. When the administrator has initiated a civil or admin istrative proceeding in connection with a joint investigation under this subsection he may publish information concerning any violation of this chapter or Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975.'
(f) To encourage uniform interpretation and administration of this chapter and effec tive regulation and enforcement, the Secretary of State may cooperate with state law enforcement or regulatory agencies and agencies or administrators of one or more states, Canadian provinces or territories, another country, appropriate federal agencies, any national or international organization of officials or agencies, and any governmental law enforcement or regulatory agency. Such cooperation includes, but is not limited to, making a joint registration examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging personnel; sharing and exchanging information and documents; and disclos ing information obtained in connection with an investigation under this Code section to the extent provided in this Code section and if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding by a local, state, or federal law enforcement or regulatory agency and the receiving agency presents that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information.
43-17-12. (a) It shall be unlawful for any person to solicit or accept charitable con tributions in violation of this chapter or any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter.
(b) It shall be unlawful for any person who is registered as, or making application for registration as, a paid solicitor or charitable organization or is an affiliate of such registrant or applicant to knowingly cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or
misleading in any material respect.
(c) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indi
rectly:
(1) To utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belong
ing to or associated with a charitable organization, without first being authorized in
writing to do so by the charitable organization; (2) To utilize a name, symbol, or statement so closely related or similar to that
used by another charitable organization that the use thereof would tend to confuse or
mislead a solicited person; (3) To misrepresent to or mislead anyone in any manner to believe that any other
person sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his name for
these purposes;
(4) To utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the
state;

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(5) To represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation cam paign greater than that identified in filings with the Secretary of State pursuant to this Code section;
(6) To represent that tickets to events will be donated for use by another, unless the paid solicitor shall have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; or
(7) To represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented in writing to the use of its name prior to the solicitation. (d) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indi rectly:
(1) To employ a device, scheme, or artifice to defraud; (2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; (3) To misrepresent or mislead anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable organization or that the proceeds of such solicitation or charitable sales pro motion will be used for charitable purposes if such is not the fact; or (4) To misappropriate, convert, illegally withhold, or fail to account for any chari table contributions solicited by, or on behalf of, any charitable organization required to be registered pursuant to this chapter. 43-17-13. (a) Whenever it may appear to the Secretary of State, either upon com plaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the Secretary of State may, at his discretion, act under any or all of the following para graphs and may: (1) Impose administrative sanctions as provided in this paragraph:
(A) Subject to notice and opportunity for hearing in accordance with Code Section 43-17-16, unless the right to notice is waived by the person against whom the sanction is imposed, the Secretary of State may:
(i) Issue a cease and desist order against any person; (ii) Censure the person if the person is registered as a paid solicitor;
(iii) Bar or suspend the person from association with a paid solicitor or chari table organization; or
(iv) Issue an order against a paid solicitor who willfully violates this chapter, imposing a civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings;
(B) Imposition of the sanctions under this paragraph is limited as follows:
(i) If the Secretary of State revokes the registration of a charitable organiza tion or paid solicitor or bars a person from association with a charitable organiza tion or paid solicitor under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposition of the sanction specified in division (iv) of subparagraph (A) of this paragraph; and
(ii) The imposition by the Secretary of State of one or more sanctions under this paragraph with respect to a specific violation precludes the Secretary of State from later imposing any other sanctions under this paragraph with respect to the violation;
(C) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under subparagraph (A) of this paragraph, the Secretary of State shall consider, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated under this

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1551

chapter or an order of the Secretary of State, the number of persons adversely affected by the conduct, and the resources of the person committing the violation; (2) Seek civil sanctions by applying to any superior court of competent jurisdiction in this state, which court:
(A) Upon a showing by the Secretary of State that a person has violated this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, may enter or grant:
(i) A temporary restraining order, permanent or temporary injunction, or a writ of prohibition or mandamus;
(ii) A civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings;
(iii) A declaratory judgment; (iv) Restitution to contributors; (v) An order of disgorgement; (vi) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (vii) Other relief as the court deems just and equitable; (B) May, upon a showing by the Secretary of State that the defendant is about to violate this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, issue: (i) A temporary restraining order; (ii) A temporary or permanent injunction; (iii) A writ of prohibition or mandamus; or (iv) Such other relief as the court deems just and equitable; (C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the Secretary of State under paragraph (1) of this subsection in connection with the transaction or transactions constituting a violation of this chapter, a rule promulgated under this chapter, or an order of the Secretary of State; or
(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his indi vidual discretion, institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant and his agents, employees, part ners, officers, or directors; and
(2) The production of such documents, books, and records as may appear neces sary for the hearing upon the petition for an injunction.
(c) In any action brought under subsection (a) of this Code section, the court, upon application of the state, may appoint a receiver for the assets of the defendant where it has been established:
(1) That the defendant has engaged in a pattern of willful violations of this chapter which has resulted in substantial actual damage to citizens of this state;
(2) That the defendant is outside this state or is actually removing or about to remove himself or his property outside the limits of this state or conceals himself or his property; or
(3) That the appointment of the receiver is necessary to preserve the assets of the defendant for the benefit of citizens of the state damaged by the defendant's viola tions of this chapter.
(d) When a receiver is appointed by the court pursuant to this chapter, he shall have the power to bring an action for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every descrip tion, derived by any means in violation of this chapter, including property with which such property has been mingled. He shall have the power to sell, convey, and assign the same and to hold and dispose of the proceeds thereof under the direction of the court.

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The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
(e) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors; and
(2) The production of such documents, books, and records as may appear neces sary for the prosecution of such criminal proceedings. 43-17-14. (a) Any person who suffers injury or damages as a result of acts or prac tices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and attorney's fees may be awarded in cases of intentional violations of this chapter. (b) Any person entitled to bring an action under this chapter may institute a class action pursuant to Code Section 9-11-23 for the recovery of damages. 43-17-15. For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the charitable organization's principal place of business in this state, and in any county in which any violator had control or possession of any proceeds of the violation or any books, records, documents, or other material or objects which were used in furtherance of the violation. 43-17-16. (a) Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person and if such person is a paid solicitor to the charitable organization who employs or proposes to employ such person, a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the Secretary of State or a person designated by the Secretary of State.
(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by registered or certified mail, return receipt requested, to the addressee's business mailing address. Such notice shall state:
(1) The order which has been issued or which is proposed to be issued;
(2) The ground for issuing such order or proposed order; and
(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.
(c) Whenever a person requests a hearing in accordance with this Code section, there shall immediately be set a date, time, and place for such hearing and the person request ing such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 43-17-7, the date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the charitable organization and the persons requesting the hearing.
(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearing, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such pur poses the Secretary of State is authorized, at the request of the person requesting the hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records,or papers. The subpoenas may be served by registered or certified mail, return receipt requested.to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any

WEDNESDAY, FEBRUARY 24, 1988

1553

books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e) (1) At any hearing conducted under this Code section, a party or any affected person may appear in his own behalf or may be represented by an attorney.
(2) A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the persons requesting the hearing shall agree that such a stenographic record of the testimony shall not be taken.
(3) The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of the hearing. (f) (1) In the case of any hearing conducted under this Code section, the Secretary of State may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are granted in this Code section to the Secretary of State.
(2) The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the Secretary of State may require.
(3) In any case where a hearing is conducted by a referee, the referee shall submit to the Secretary of State a written report including the transcript of the testimony and evidence (if such transcript is requested by the Secretary of State), the findings of fact and conclusions of law, and a recommendation of action to be taken by the Secretary of State. Within five days of the time of submission thereof to the Secretary of State, a copy of such written report and recommendations shall be served upon the person who requested the hearing or his attorney or other representative of record by registered or certified mail. That person or his attorney, within ten days of service of the copy of such written report and recommendations, may file with the Secretary of State written objections to the report and recommendations which shall be considered by the Secretary of State before a final order is entered.
(4) No recommendation of the referee shall be approved, modified, or disapproved by the Secretary of State until after ten days after service of such report and recom mendations as provided in this subsection.
(5) The recommendations of the referee may be approved, modified, or disap proved by the Secretary of State. The Secretary of State may direct his referee to take additional testimony or to permit the introduction of further documentary evidence.
(6) In any hearing conducted by a referee, a transcript of testimony, evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Secretary of State.
(7) All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Secretary of State. (g) If the Secretary of State does not receive a request for a hearing within the pre scribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall:
(1) Set forth his findings with respect to the matters involved; and
(2) Enter an order in accordance with his findings.
43-17-17. (a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secre tary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:
(1) The order from which the appeal is taken;
(2) The ground upon which a reversal or modification of the order is sought; and
(3) A demand for a certified transcript of the record of the order.
(b) Upon receipt of the notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the

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order from which the appeal is taken, provided that the appellant shall pay the reason able costs of such transcript. The appellant, within five days after receipt of the tran script, shall file such transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal and transcript of the record shall constitute appellant's com plaint. The complaint shall thereupon be entered on the trial calendar of the court.
(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his further action in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained.
43-17-18. Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising out of or founded upon the solicitation of charitable contributions in violation of this chapter may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the Secretary of State. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by registered or certified mail to the persons against whom such process or pleadings are directed at his latest address on file in the office of the Secretary of State.
43-17-19. Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' Nothing contained in this chapter shall be construed to limit the authority of the administrator to take any action under the 'Fair Business Practices Act of 1975' regarding unfair and deceptive acts or practices in a solicitation or in solicitations.
43-17-20. For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
43-17-21. (a) In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception.
(b) In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception.
(c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
(d) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with this chapter, shall constitute primafacie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action.
43-17-22. Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be gov erned by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evidence of the commission of a crime or violation of this chapter, notwith standing any subsequent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be insti tuted after the lapse of the appropriate period of limitations which was in effect at the time the cause of action arose or the alleged commission of the crime occurred.
43-17-23. (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
(b) Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of

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not more than $5,000.00 or imprisonment for not less than one nor more than five years, or both.
(c) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law."
Section 2. 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 1324.

On the motion, the ayes were 101, nays 0. The motion prevailed.

HB 1272. By Representatives Chambless of the 133rd, Thomas of the 69th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations.

The following Senate amendment was read:

Amend HB 1272 by striking from line 16 of page 200 the following: "to",
and inserting in lieu thereof the following: "for".

Representative Chambless of the 133rd moved that the House agree to the Senate amendment to HB 1272.
On the motion, the ayes were 111, nays 0.
The motion prevailed.
HB 1234. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commis sion, in its discretion, to deregulate or not provide a tariff on certain services of telecommunications companies.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discretion, to deregulate or detariff certain services of telecommunications companies subject to the jurisdiction of the commission and which are providing services currently regulated and subject to tariff by the commission in order that such telecommunications companies may respond to the forces of increasing competition; to provide procedures; to provide certain factors for the

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commission to consider in making a determination on an application for deregulation; to provide an exception; to provide that no telecommunications company may use current revenues earned or expenses incurred for certain purposes; to provide for rules and regula tions; to provide for reports; 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 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, is amended by striking in its entirety Code Section 46-2-23, relating to the rate-making powers of the Georgia Public Service Commission generally, and insert ing in lieu thereof a new Code Section 46-2-23 to read as follows:
"46-2-23. (a) The commission shall have exclusive power to determine what are just and reasonable rates and charges to be made by any person, firm, or corporation subject to its jurisdiction.
(b) As to those telecommunications companies subject to the jurisdiction of the commission, the commission is not required to fix and determine specific rates, tariffs, or charges for the services offered by said telecommunications companies and in lieu thereof may on application of an interested party or on its own motion after public notice and hearing:
(1) Totally deregulate a service; (2) Totally eliminate any tariffs on a service; (3) Eliminate tariff rates for a service but retain tariffs for service standards and requirements; or (4) Eliminate tariff rates for a service but require that notice of any rate changes be provided to the commission. (c) In determining what actions, if any, are to be taken on applications under subsec tion (b) of this Code section, the commission shall conduct hearings at which it shall consider the following factors: (1) The extent to which competing telecommunications services are available from competitive providers in the relevant geographic market; (2) The ability of competitive providers to make functionally equivalent or substi tute services readily available; (3) The number and size of competitive providers of service; (4) The overall impact of the proposed regulatory change on the continued avail ability of existing services at just and reasonable rates; (5) The impact of the proposed regulatory change upon efforts to promote univer sal availability of basic telecommunications services at affordable rates and to permit telecommunications companies subject to the jurisdiction of the commission to respond to competitive thrusts; and (6) Such other factors as the commission may determine are in the public interest. (d) Nothing in this Code section shall authorize the application of subsection (b) of this Code section to any service unless functionally equivalent or substitute services are readily available from competitive providers in the relevant geographic market. This finding must be made on the record after public hearing. (e) Any telecommunications service deregulated or detariffed under this Code section may be reregulated or resubjected to tariffing by the commission if the commission finds, through a proceeding initiated on its own or upon application by an interested party, that such reregulation or retariffing is in the public interest. (f) Nothing in this Code section shall be interpreted as requiring the commission to alter, amend, or repeal any rule or regulation which relates to any telecommunications company and which has been adopted by the commission or which is under consider ation for adoption by the commission as of the effective date of this Code section. (f.l) No telecommunications company may use current revenues earned or expenses incurred in conjunction with services subject to regulation to subsidize services which are not regulated or tariffed. The commission may adopt procedural rules as necessary to implement this subsection.

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(g) Nothing in this Code section shall be interpreted as amending, modifying, alteringj or repealing Chapter 6 of this title, known as the 'Georgia Radio Utility Act.'"
Section 2. Beginning one year after deregulation or eliminating tariffs on a service the utility will file within sixty days of such anniversary date with the commission a report showing the rates or tariffs for such service on the effective date of deregulation or detariffing and the rates or tariffs on the anniversary date. Such reports will continue to be filed on an updated basis annually for a period of five years. The commission may pre scribe the form and content of such reports. The commission will thereafter as soon as practicable file a summary of the results and contents of such reports with the Industry Committee of the House and the Public Utilities Committee of the Senate.
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 Watson of the 114th moved that the House agree to the Senate substi tute to HB 1234.
On the motion the ayes were 84, nays 44.
The motion lost, and the House disagreed to the Senate substitute to HB 1234.

HB 1449.

By Representatives Goodwin of the 63rd, Jackson of the 9th, Carter of the 146th, McDonald of the 12th, Crosby of the 150th and others:
A bill to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease con tract.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, known as the "Motor Vehicle Sales Finance Act," so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease contract; to provide for additional definitions; to provide circumstances under which it shall be unlawful for a sublessee of a motor vehicle to offer such motor vehicle for hire or to offer it to another person to offer for hire; to provide for penalties; to authorize cer tain civil actions; to provide for other matters relative to the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, known as the "Motor Vehicle Sales Finance Act," is amended by adding at the end thereof new Code Sections 10-1-39 through 10-1-41 to read as follows:
"10-1-39. In addition to the definitions provided for in Code Section 10-1-31, as used in Code Sections 10-1-40 and 10-1-41, the term:
(1) 'Induce' means to cause a buyer of a motor vehicle under a retail installment contract or a lessee of a motor vehicle under a motor vehicle lease contract to sublease

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JOURNAL OF THE HOUSE,

the subject motor vehicle or to arrange for or cause such a buyer or lessee to be so induced.
(2) 'Lessee' means a person who obtains possession and use of a motor vehicle through a motor vehicle lease contract.
(3) 'Lessor' means any person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease contracts or purchases motor vehicle lease contracts or any sales finance company that pur chases motor vehicle lease contracts.
(4) 'Motor vehicle lease contract' means an agreement between a lessor and a lessee whereby the lessee obtains the possession and use of a motor vehicle for such period of time, for such purposes, and for such consideration as set forth in the agree ment.
(5) 'Subject motor vehicle' means the motor vehicle sold to a buyer under a retail installment contract or the motor vehicle obtained by a lessee under a motor vehicle lease contract.
(6) 'Sublease' means: (A) To transfer possession of a motor vehicle which is the subject of a retail
installment contract to a person who is not a party to that contract or to transfer or assign any of the buyer's rights or interests under the retail installment contract
to such a person, whether or not such transfer or assignment is effective; or (B) To transfer possession of a motor vehicle which is the subject of a motor
vehicle lease contract to a person who is not a party to that contract or to transfer
or assign any of the lessee's or lessor's rights or interests under the motor vehicle lease contract to such a person, whether or not such transfer or assignment is effec
tive. 10-1-40. (a) It is unlawful for any person to induce the buyer of a motor vehicle
under a retail installment contract to sublease the subject motor vehicle to that person or to any other sublessee without first obtaining written consent to the sublease from
the holder of the retail installment contract.
(b) It is unlawful for any person to induce the lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle to that person or to
any other sublessee without first obtaining written consent to the sublease from the lessor under the motor vehicle lease contract.
(c) It is unlawful for any person who is the sublessee of a motor vehicle to offer the motor vehicle for hire or to offer it to another person to offer for hire if such person
induced the sublease of the motor vehicle in violation of subsection (a) or (b) of this Code section or if such person knew or reasonably should have known that the sublease
of the motor vehicle was induced in violation of subsection (a) or (b) of this Code section.
(d) Any person who violates any provision of subsection (a), (b), or (c) of this Code section shall be guilty of misdemeanor of a high and aggravated nature.
10-1-41. (a) Any one or more of the following persons may suffer damage as a result
of a violation of subsection (a) or (b) of Code Section 10-1-40: (1) The holder of a retail installment contract;
(2) The lessor of a motor vehicle under a motor vehicle lease contract; (3) The buyer of a motor vehicle under a retail installment contract or the lessee
of a motor vehicle under a motor vehicle lease contract; (4) The sublessee of the subject motor vehicle when such sublessee did not know
and could not reasonably be expected to have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of Code Section 10-1-40.
(b) A person who suffers damage as described in subsection (a) of this Code section may bring an action against the person who induced the sublease of the subject motor
vehicle in violation of subsection (a) or (b) of Code Section 10-1-40. The person who suf fers damage may recover or obtain against the person who induced such sublease any
of the following:
(1) Actual damages; (2) Equitable relief, including, but not limited to, an injunction or restitution of
money and property;

WEDNESDAY, FEBRUARY 24, 1988

1559

(3) Punitive damages; (4) Reasonable attorney's fees and costs; and (5) Any other relief which the court deems proper. (c) The rights and remedies provided for in this Code section are in addition to any other rights and remedies provided by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Goodwin of the 63rd moved that the House agree to the Senate substi tute to HB 1449.
On the motion the ayes were 93, nays 0.
The motion prevailed.

HB 1491.

By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the discharge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees.

The following Senate amendment was read:

Amend HB 1491 by striking the word "five" on line 7 of page 1 and substituting in lieu thereof the word "seven".
By striking the word "five" on line 25 of page 1 and substituting in lieu thereof the word "seven".
By striking the word "five" on line 1 of page 4 and substituting in lieu thereof the word "seven".

Representative Lawson of the 9th moved that the House agree to the Senate amend ment to HB 1491.
On the motion the ayes were 101, nays 0.
The motion prevailed.

HB 1493.

By Representatives Ware of the 77th, Wood of the 9th, Lawson of the 9th, Workman of the 51st and Colbert of the 23rd:
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 provide that any check or draft not presented for acceptance during the five years following the date the check or draft was issued shall be void and the funds retained by the insurance fund that issued the check or draft.

The following Senate amendment was read:

Amend HB 1493 by striking the word "five" on line 4 of page 1 and substituting in lieu thereof the word "seven".
By striking the word "five" on line 24 of page 1 and substituting in lieu thereof the word "seven".

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JOURNAL OF THE HOUSE,

Representative Lawson of the 9th moved that the House agree to the Senate amend ment to HB 1493.
On the motion the ayes were 91, nays 0.
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 1647.

By Representatives Twiggs of the 4th, Peters of the 2nd, Rainey of the 135th, Dover of the llth, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try mis demeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1311.

By Representative Lawler of the 20th:
A bill to amend Chapter 8 of Title 4 of the Official Code of Georgia Anno tated, relating to dogs, so as to provide for liability of certain owners or custodians of certain dogs to the owners of llamas or alpacas for damages, death, or injury caused by such dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for liability of certain persons or owners of dogs to owners of llamas or alpacas for death or injury caused by such dogs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1703.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change certain provisions relating to expense allowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans.

The following Senate substitute was read:

A BILL
To amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to

WEDNESDAY, FEBRUARY 24, 1988

1561

change certain provisions relating to expense allowances, reimbursement for actual expenses, and residency requirements; to prohibit participation in certain employee benefit plans; to provide for applicability of certain ethics laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, is amended by striking subsections (c) and (d) of Section 3 and inserting in their place new subsec tions (c) and (d) to read as follows:
"(c) Immediately after the passage of this Act and the appointment of the members by the governing bodies of the City of Douglasville and Douglas County, the members of the authority shall enter upon their duties, and as soon as is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their number as chairman and another as vice chairman. Neither the mayor of the City of Douglasville nor the chairman of the Douglas County Board of Commissioners shall serve as chairman or vice chairman of the authority. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. An assistant secretary may also be elected at the discretion of the authority. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly for each meeting of the authority actually attended as compensation for their services and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence.
(d) On and after the effective date of this subsection, it shall be required at all times that the permanent residence of each member of the authority board of directors be within the school district from which he or she shall have been appointed during his or her entire term on the board of directors. However, in instances where said permanent residence has been damaged or destroyed and is unfit for occupancy, the member may, for a period not to exceed 120 days, temporarily reside outside the district but within Douglas County while repairs are being effected or another residence within the district is selected. No member of the authority board of directors appointed to fill full or par tial terms following the effective date of this subsection shall serve more than two con secutive terms, except the individual elected as mayor for the City of Douglasville and the individual elected as chairman of the Douglas County Board of Commissioners."
Section 2. Said Act is further amended by adding a new subsection at the end of Section 3, to be designated subsection (e), to read as follows:
"(e) The members of the authority shall not be eligible to participate in any employee benefit plan including, but not limited to, any insurance or retirement plan, which is sponsored in whole or in part by any county, city, or authority and which pro vides benefits to such members based upon their membership on the board of directors."
Section 3. Said Act is further amended by adding a new section immediately follow ing Section 3, to be designated Section 3A, to read as follows:
"Section 3A. Applicability of ethics laws. The members of the authority shall be subject to and shall comply with all applicable provisions of Chapter 5 of Title 21 of the O.C.G.A., the 'Ethics in Government Act.'"
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Kilgore of the 42nd moved that the House agree to the Senate substi tute to HB 1703.
On the motion the ayes were 122, nays 0.

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JOURNAL OF THE HOUSE,

The motion prevailed.

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 1691.

By Representatives Smyre of the 92nd, Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Benn of the 38th and others:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employ ment in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project.

The following amendment was read:

Representative Hensley of the 20th moves to amend HB 1691 as follows:
After the period on Line 29 on Page 21, add the following:
"However, none of the above named institutions or fiduciaries responsible for invest ing funds from any state, municipal or other public source, including pension and retire ment funds, shall invest in these revenue bonds unless such bonds have received from either Standard and Poor or Moody's Rating Service a rating of "A" or higher."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron
N Adams.G N Adams,M Y Aiken
Alford Alien N Athon
Y Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B
Y Barnett,M YBeck N Benefield N Benn N Birdsong N Bishop N Bostick Y Branch N Brooks N Brown
Buck
N Buford NByrd N Carrell Y Carter
Chambless N Chance N Cheeks N Childers N Clark.B Y Clark.H N Clark.L N Colbert

N Coleman N Colwell N Cornell
N Couch NCox N Crawford
Y Crosby Y Cummings,B
Cummings.M N Davis.G Y Davis.M Y Dixon Y Dobbs N Dover N Dunn
N Edwards Y Felton N Floyd Y Foster N Galer Y Godbee Y Goodwin N Green N Greene N Greer Y Gresham
Y Griffin N Groover N Hamilton N Manner N Harris N Hasty Y Heard
Y Hensley N Herbert N Holcomb

N Holmes Hooks
Y Hudson Y Isakson
N Jackson,J Y Jackson.W N Jamieson
Johnson.D N Johnson,R N Kilgore Y Kingston N Lane,D
Y Lane,R Y Langford
Y Lawler Y Lawrence
N Lawson NLee Y Under N Long NLord N Lucas N Lupton N Mangum N Martin N McCoy N McDonald
N McKelvey N McKinney Y Meadows Y Milam N Milford N Mobley N Moody
Moore Y Morton

N Mostiler Y Moultrie
Mueller
N Oliver.C
N Oliver.M Y Orrock
N Padgett N Pannell N Parham N Parrish N Patten
Peters
N Pettit N Phillips N Pinkston Y Pittman N Porter Y Powell N Prichard
Y Rainey N Ramsey.T Y Ramsey.V
N Randall Y Ransom YRay N Reaves N Redding Y Richardson
Ricketson N Robinson N Royal
Sehnan
Y Shepard N Sherrod
Simpson N Sinkfield

N Sizemore
N Smith.L Y Smith.P N Smith.T
N Smith.W N Smyre N Snow
N Stancil Y Stanley Y Steinberg Y Stephens
N Thomas.C Thomas.M
Y Thompson
N Thurmond Y Tolbert N Townsend N Triplett N Twiggs Y Waddle N Waldrep N Walker.C N Walker,L
Y Wall Ware
N Watson N Watts N White Y Wilder Y Williams.B N Williams,J Y Wilson N Wood N Workman N Yeargin
Murphy ,Spkr

WEDNESDAY, FEBRUARY 24, 1988

1563

On the adoption of the amendment, the ayes were 54, nays 110. The amendment was lost.

Representative Thomas of the 31st 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 amendment was read:

Representative Hensley of the 20th moves to amend HB 1691 as follows:
On Page 13, Line 10 after the comma add:
"the surplus shall first be paid to the State of Georgia up to an amount equal to the cost of land purchased by the State for the project. The remaining surplus shall be paid into the fund provided in Code Section 10-9-51 for the payment of principal and interest of such revenue bonds.".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Adams.G
N Adams.M Y Aiken
Alford Alien
N Athon Y Atkins N Bailey N Balkcom Y Bannister
Bargeron N Bamett,B Y Barnett,M
Beck
N Benefield NBenn N Birdsong N Bishop N Bostick Y Branch N Brooks N Brown
Buck Y Buford NByrd N Carrell Y Carter
Chambless N Chance Y Cheeks N Childers N Clark,B Y CUrk,H N Clark,L N Colbert

N Coleman N Colwell N Connell N Couch YCox
N Crawford Y Crosby Y Cummings,B Y Cummings.M N Davis.G
Y Davis,M Y Dixon
Y Dobbs N Dover N Dunn N Edwards Y Felton N Floyd Y Foster NGaler YGodbee
YGoodwin N Green N Greene N Greer Y Gresham Y Griffin N Groover N Hamilton N Manner N Harris N Hasty Y Heard Y Hensley N Herbert N Holcomb

N Holmes
Hooks N 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 NLong NLord
N Lucas N Lupton N Mangum N Martin N McCoy N McDonald N McKelvey
McKinney Y Meadows YMilam N Milford N Mobley N Moody
Moore Y Morion

Y Mostiler Y Moultrie
Mueller
N Oliver.C N Oliver.M Y Orrock
N Padgett N Pannell N Parham N Parrish N Patten
Peters N Pettit N Phillips Y Pinkston
Y Pittman N Porter Y Powell N Prichard Y Rainey
N Ramsey.T Y Ramsey.V YRandall Y Ransom YRay N Reaves N Redding Y Richardson
Ricketson N Robinson N Royal
Selman Y Shepard N Sherrod
Simpson Sinkfleld

N Sizemore
N Smith.L Y Smith.P N Smith.T N Smith,W
NSmyre NSnow N Stancil Y Stanley N Steinberg Y Stephens N Thomas.C Y Thomas.M Y Thompson
N Thurmond Y Tolbert N Townsend N Triplett NTwiggs
Y Waddle N Waldrep N Walker.C N Walker.L Y Wall
Ware N Watson N Watts N White Y Wilder Y Williams.B Y Williams,J Y Wilson N Wood N Workman N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 58, nays 104. The amendment was lost.

Representative Sinkfield of the 37th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

1564

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 Y Adams.M N Aiken
Alford Alien Y 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 Y Bostick N Branch
Y Brooks Y Brown
Buck Y Buford YByid Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers
Y Clark.B N Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch YCox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G N Davis.M Y Dixon N Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd Y Foster YGaler
Y Godbee N Goodwin Y Green
Y Greene Y Greer
Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty Y Heard N 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 N Kingston Y Lane.D Y Lane.R Y Langford
N Lawler N Lawrence Y Lawson
YLee N Linder YLong NLord Y Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney
N Meadows N Milam
Y Milford Y Mobley Y Moody Y Moore N Morton

N Mostiler
N Moultrie Y Mueller
Y Oliver.C Y Oliver,M N Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten N Peters
Y Pettit Y Phillips
Y Pinkston N Pittman Y Porter N Powell Y Prichard
N Rainey Y Ramsey.T Y Ramsey.V YRandall N Ransom
NRay Y Reaves Y Redding N Richardson
Ricketson Y Robinson Y Royal
Y Selman N Shepard Y Sherrod
Simpson
Sinkfleld

Y Sizemore Y Smith.L
N Smith.P Y Smith,T Y Smith.W
Y Smyre YSnow Y Stancil
N Stanley Y Steinberg Y Stephens
Y Thomas.C Y Thomas.M N Thompson Y Thurmond
Tolbert Y Townsend Y Triplett
Y Twiggs Y Waddle
Y Waldrep Y Walker.C Y Walker.L NWall
Ware Y Watson Y Watts Y White
N Wilder Y Williams.B Y Williams,J
N Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 129, nays 37. The Bill, having received the requisite constitutional majority, was passed.

Representative Sinkfield of the 37th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

WEDNESDAY, FEBRUARY 24, 1988

1565

AFTERNOON SESSION

The Speaker Pro Tern 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 96 Do Pass, by Substitute HB 1438 Do Pass, by Substitute

HB 1615 Do Pass HB 1717 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1315 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 95th
Chairman

The following Resolution of the House was read and referred to the Committee on Rules:

HR 897. By Representatives Stancil of the 66th, Oliver of the 121st, Crawford of the 5th, Chance of the 129th, Moody of the 153rd and Branch of the 137th:
A resolution urging the Congress of the United States to amend the Tax Reform Act of 1986 concerning the capitalization or deduction of preproduction costs.

The following Resolutions of the House were read and adopted:

HR 898. By Representatives Hanner of the 131st, Hudson of the 117th, Hooks of the 116th, Edwards of the 112th, Greene of the 130th and Cox of the 141st:
A resolution relative to the State Personnel Board and the health insurance plan for public schoolteachers.

HR 899. By Representatives Aiken of the 21st, Isakson of the 21st, Clark of the 20th, Atkins of the 21st, Wilder of the 21st and Gresham of the 21st:
A resolution commending Sope Creek Elementary School.

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JOURNAL OF THE HOUSE,

HR 900. By Representatives Aiken of the 21st, Isakson of the 21st, Clark of the 20th, Atkins of the 21st, Wilder of the 21st and Gresham of the 21st:
A resolution commending Dodgen Middle School.

HR 901. By Representatives Hamilton of the 124th, Kingston of the 125th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd and Mueller of the 126th:
A resolution commending The United Way of the Coastal Empire, Inc.

HR 902. By Representative Birdsong of the 104th: A resolution commending Mrs. Irma B. Cummings.

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 1557.

By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to require the judge of the probate court to issue certain certificates stating the date, time, and place where an adult has been declared incapacitated and guardianship created; to provide for certain certificates in cases where guardianships have been terminated.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian, so as to provide that in certain cases involv ing the creation or termination of a guardianship of the property of an adult, a certified copy of the order of creation and the order of termination of such guardianship shall be filed in each county in which such adult owns real property; to change certain provisions with respect to the contents of certain petitions and orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian, is amended by striking subparagraph (a)(2)(H) and inserting in its place a new subparagraph (a)(2)(H) to read as follows:
"(H) All known income and assets of the proposed ward and, in any case involving the creation of a guardianship over the property of an adult where the proposed ward owns real property, the name of the county in which such property is located; and".
Section 2. Said Code section is further amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
"(f) (1) In its order the court shall set forth the findings of fact and conclusions of law which support the grant or denial of the petition. If a guardianship is granted, the order shall specify:
(A) The type of guardianship established, whether of the person or property, or both;
(B) The names of the guardian or guardians and the reason for their selection; (C) The nature and extent of the ward's incapacity;

WEDNESDAY, FEBRUARY 24, 1988

1567

(D) Any rights or powers retained by the ward pursuant to subsection (d) or (e) of Code Section 29-5-7;
(E) The duration of the guardianship, whether limited or permanent; (F) If separate guardians for the person and the property of the ward are appointed or if only a personal guardian is appointed, the reasonable sums or prop erty to be provided the guardian of the person to provide adequately for the ward's support, care, education, and well-being, subject to modification by subsequent order of the court; (G) The type and frequency of physical, mental, and social evaluations of the ward's condition which the court requires to supplement the reports submitted pur suant to paragraph (10) of subsection (b) of Code Section 29-5-3; (H) Any reporting requirements in addition to those required by law; (I) Any bonding requirements in addition to those required by law; and (J) In any case involving the creation of a guardianship over the property of an adult where the proposed ward owns real property, the name of the county in which such property is located; and 4J) (K) Such other and further provisions of the guardianship as the court may deem proper. (2) Service of the court's order shall be made by mail upon the ward; his attorney; his representatives; his guardian ad litem, if any; the guardian, if appointed; and the petitioner. (3) After service of the court's order, the ward's counsel shall make reasonable efforts to explain the order and the ward's rights to him. If the ward desires to appeal the court's order, the attorney shall file such notice in the ward's behalf; and, if coun sel was appointed by the probate court, the appointment shall continue on appeal to the superior court. (4) In any case involving the creation of a guardianship over the property of an adult where the proposed ward owns real property, a certified copy of the court's order granting such petition and, upon the termination of such guardianship, a certi fied copy of the order of termination of such guardianship shall be filed in the real property grantor index of each county of this state in which such adult owns real property."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 670. By Representative Martin of the 26th:
A bill to amend Chapter 7 of Title 53 of the Official Code of Georgia Anno tated, relating to the administration of estates generally, so as to authorize the judge of the probate court to require the initial posting of a bond given by an administrator or executor to be posted for a period greater than one year.

The following Committee substitute was read:

A BILL
To amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, so as to authorize the judge of the probate court to require the initial posting of a bond by an administrator or executor for a period greater

1568

JOURNAL OF THE HOUSE,

than one year; to change the procedures upon mismanagement or default of an administra tor or executor; to provide practices, procedures, and notices; to change the procedures relating to settlements before the probate court; to provide for compensation for waste or mismanagement; to change the provisions relating to enforcement of settlements; to pro vide for proceedings without the appearance of the administrator or executor; to provide that certain bonds shall be bound by certain settlements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, is amended by inserting immediately following Code Section 53-7-32 a new Code section, to be designated Code Section 53-7-32.1, to read as follows:
"53-7-32.1. Whenever an administrator or executor is required to give bond, the judge of the probate court may order the administrator or executor to post such bond for a period of time greater than one year, as may be appropriate in the circumstances."
Section 2. Said chapter is further amended by striking Code Section 53-7-148, relating to procedure upon mismanagement or default of an administrator or executor, and inserting in lieu thereof a new Code Section 53-7-148 to read as follows:
"53-7-148. Whenever the judge of the probate court knows or is informed by any person having any interest in the estate that the administrator or executor wastes or in any manner mismanages the estate, that he or his sureties are likely to become insol vent, that he refuses or fails to make returns as required by law, or that for any reason he is unfit for the trust reposed in him, the judge shall cite the administrator or execu tor to answer to the charge at some regular term of the court. Upon the hearing ef Ma return, the judge may, his discretion, revoke the letters ef administration, may require ftddition8.1 security, OP msy pflss such otrier order ts tft nis judgment is expectiettt under the circumstances ef th case, investigation of the administrator's or executor's action, the judge may, in his discretion, do any or all of the following:
(1) Revoke the administrator's or executor's letters; (2) Require additional security; (3) Require the administrator or executor to appear and submit to a settlement of his accounts following the procedure set forth in Code Sections 53-7-163 through 53-7-165, whether or not the administrator or executor has first resigned or been removed and whether or not a successor fiduciary has been appointed; (4) Pass such other order as in his judgment is expedient under the circumstances of the case."
Section 3. Said chapter is further amended by striking Code Section 53-7-163, relating to settlement before a probate court, and inserting in lieu thereof a new Code Section 53-7-163 to read as follows:
"53-7-163. (a) Any person interested as distributee or legatee may, after the expira tion of six months from the grant of administration, cite the administrator or executor or his personal representative to appear before the judge of the probate court for a set tlement of his accounts. Alternatively, if the administrator or executor chooses, he may cite all of the distributees to be present at the settlement of his accounts by the judge. The settlement shall be conclusive upon the administrator or executor and upon all the distributees who are present at receive notice of the hearing. The judge may, in his discretion, give the administrator or executor additional time to settle the estate.
(b) If the administrator or executor fails or refuses to appear as cited, the court may proceed without the appearance of the administrator or executor. If the administrator or executor has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceed ing in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or his deputy upon the administrator or executor at the last address of the administrator or executor in the court records and it appears to the judge of the probate court that further attempts are likely to be futile, then service shall be sufficient upon

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the administrator or executor for purposes of this Code section if the citation is mailed by first-class mail to such address."
Section 4. Said chapter is further amended by striking Code Section 53-7-164, relating to procedure for making and enforcing a settlement, and inserting in lieu thereof a new Code Section 53-7-164 to read as follows:
"53-7-164. Upon proof of citation by a distributee pursuant to Code Section 53-7-163, the judge of the probate court may proceed to make an account, hear evidence upon any contested question, and settle finally between the distributee and administra tor or executor. The settlement may be enforced by a judgment, writ of fieri facias. execution, or attachment for contempt, either party having the right to appeal."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Martin of the 26th moves to amend the House Committee on Judiciary substitute to HB 670 by inserting after the word "year" on line 6 of page 1 the following:
"; to provide that a surety on a bond posted pursuant to such requirement shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to the other bonds".
By striking line 26 of page 1 and inserting in lieu thereof the following:
"be appropriate in the circumstances. A surety on a bond posted pursuant to this Code section shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds.'"

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 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 669. By Representative 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 authorize the judge of the probate court to require the initial posting of the bond of a guardian for a period greater than one year; to provide that upon the resignation or removal of a guardian or other termination of a guardianship, the probate court retains jurisdiction over the guardian until a final settlement of accounts is made.

The following Committee substitute was read:

A BILL
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to authorize the judge of the probate court to require the initial posting of the bond of a guardian for a period greater than one year; to change the procedures in case of mismanagement by a guardian; to provide for actions for waste or failure to comply

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with applicable laws; to provide for practices, procedures, and notices; to change the provi sions relating to applications for settlement of accounts and the practices and procedures relating thereto; to provide for notices and service of process; to change the provisions relating to orders to deliver property and executions for money due; to provide for compensation for waste or mismanagement; to provide for orders to post bonds and time periods related thereto; 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 Code Section 29-2-40, relating to the cost of a bond premium as an expense of administration, and inserting in its place a new Code Section 29-2-40 to read as follows:
"29-2-40. (a) Guardians who are required to give bond as such and who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expense or cost of administration the cost of the bond premium or premiums.
(b) The judge of the probate court may order a guardian who is required to give bond to post such bond for a period in excess of one year, as may be appropriate in the circumstances."
Section 2. Said title is further amended by striking Code Section 29-2-45, relating to procedure in case of mismanagement by a guardian, and inserting in lieu thereof a new Code Section 29-2-45 to read as follows:
"29-2-45. (a) If the judge of the probate court knows or is informed that any guardian wastes or in any manner mismanages the property of his ward, does not take due care of the maintenance and education of his ward according to his circumstances, fails or refuses to make returns as required by law, or for any cause is unfit for his trust, the judge shall cite the guardian to answer to the charge at a regular term of the court. Upon investigation of the guardian's action, the judge, in his discretion, may revoke the guardian s letters of pass sucn otiicr order as tft ftts judgment ts expedient under tnc circumstances ef each case, do any or all of the following:
(1) Revoke the guardian's letters; (2) Require the guardian to appear and submit to a settlement of his accounts following the procedure set forth in Code Sections 29-2-76 through 29-2-81 whether or not the guardian has first resigned or been removed and whether or not a new guardian has been appointed; (3) Pass such other order as in his judgment is expedient under the circumstances of each case. (b) If the judge of the probate court receives a return which indicates that any guardian may have wasted the property of the ward or failed in any manner to comply with applicable law, in lieu of citing the guardian to answer the charge, the court in its discretion may order the return recorded, without being approved or disapproved, and wait until the guardianship is terminated, and then allow the ward or his successors in interest to determine whether any action should be taken against the former guardian or the personal representative of such former guardian for any such waste or failure. In such case, a copy of the return and the order of the judge shall be served by personal service on the surety, if any. The decision of the judge not to cite the guardian to appear shall not relieve the guardian or the surety of any liability which may be found if the ward or his successors determine that action should be taken for such apparent waste or failure within four years after the termination of the guardianship."
Section 3. Said title is further amended by striking Code Section 29-2-76, relating to application for settlement of accounts, and inserting in lieu thereof a new Code Section 29-2-76 to read as follows:
"29-2-76. Either a ward, on arriving at the age of majority, or a new guardian legally appointed may apply to the judge of the probate court for an order requiring the orig inal guardian or his personal representative to appear and submit to a settlement of his

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accounts. The citation shall be served as are other citations and shall be returnable to a regular term of the court. If the guardian fails or refuses to appear as cited, the court may proceed ex partc without the appearance of the guardian. If the guardian has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or his deputy upon the guardian at the last address of the guardian in the court records and it appears to the judge of the probate court that further attempts are likely to be futile, then service shall be sufficient upon the guardian for purposes of this Code section if the citation is mailed by first-class mail to such address."
Section 4. Said title is further amended by striking Code Section 29-2-79, relating to orders to deliver property and executions for money due, and inserting in lieu thereof a new Code Section 29-2-79 to read as follows:
"29-2-79. The judge of the probate court may order any property in the hands of the guardian to be delivered to the ward or to the new guardian and may issue an execution a judgment, writ of fieri facias, and execution thereon for any balance of money found due to the ward from the guardian^ provided that, tf the ward er new guardian docs net
which balance shall net bear interest from that date until demanded by the ward or new guardian or for any amount of money which the judge finds appropriate to compensate the ward or his estate for any waste or mismanagement of the guardian or former guardian, taking into account Code Section 29-2-81."
Section 5. Said title is further amended by adding at the end of Code Section 29-4-12, relating to the oath and bond of certain appointed guardians, a new subsection, to be designated subsection (d), to read as follows:
"(d) The judge of the probate court may order a guardian who is required to give bond to post such bond for a period in excess of one year, as may be appropriate in the circumstances."
Section 6. Said title is further amended by adding at the end of Code Section 29-6-9, relating to the bond of guardian of beneficiaries of the Veterans' Administration, a new subsection, to be designated subsection (d), to read as follows:
"(d) The judge of the probate court may order the guardian to post the bond for a period in excess of one year, as may be appropriate in the circumstances."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Martin of the 26th moves to amend the House Committee on Judiciary substitute to HB 669 by adding after the word "thereto" on line 15 of page 1 the follow ing:
"; to provide that a surety on a bond shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds".
By adding after "circumstances." on line 6 of page 2 the following:
"A surety on a bond posted pursuant to this subsection shall not be relieved of liabil ity merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds."
By adding after "circumstances." on line 6 of page 5 and on line 14 of page 5 the following:
"A surety on a bond posted pursuant to this subsection shall not be relieved of liabil ity merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds."

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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 sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 475. By Senators Dean of the 31st, Kennedy of the 4th, Turner of the 8th and others:
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 revise the general provisions relative to the Department of Community Affairs; to pro vide for the continuation of the department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Com munity Affairs.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 475

The Committee of Conference on SB 475 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 475 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Nathan Dean Senator, 31st District
/s/ Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Wm J - Lee

, ,,. .

Representative, 72nd District

/s/ Larry Walker Representative, 115th District

/s/ J. Tom Coleman, Jr. Senator, 1st District

/s/ Lauren McDonald, Jr. Representative, 12th District

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 revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the depart ment; to provide definitions of terms; to specify purposes of the department; to provide for the Board of Community Affairs; to provide for the commissioner of the department; to provide for the structure of the department; to provide duties and powers of the depart ment, including planning and technical assistance, information gathering and distributing, serving as a liaison, making funds available to local governments and other eligible recip ients, making contracts, and coordinating with other governmental agencies; to provide for

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advisory councils; to provide for agencies and authorities assigned to the department for administrative purposes; to provide for the transfer of personnel and contracts from the building administrative board; to provide for the Bureau of Community Affairs employees and for the continuation of certain contracts; 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. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking in its entirety Article 1 which reads as follows:
"ARTICLE 1
50-8-1. There is established the Department of Community Affairs in response to the need of the state to fulfill more effectively its responsibilities to local governments and communities. The department shall serve to promote and protect the institution of gen eral purpose local government in the state and shall serve as the Governor's representa tive to local communities on a routine basis on the request of, or on direction from, the Governor in matters affecting social, economic, human, or intergovernmental relations and, in this capacity, shall provide mediation, consultation, and fact-finding services.
50-8-2. (a) The Governor, through the Department of Community Affairs, shall seek to harmonize the planning activities of local units of government, area planning and development commissions, joint units of government, and state agencies so that the planning policies and objectives of all levels of government are consistent and so that conflicts of activity for the development of the state are minimized.
(b) It shall be the responsibility of the Governor, through the Department of Com munity Affairs, to encourage coordinated planning activities among districts established pursuant to any federal legislation that exists or may be established and to provide information and advice on these programs to existing districts and local units of govern ment and other public bodies.
(c) (1) Effective April 1, 1984, there is created an Advisory Committee on Area Planning and Development. The committee shall advise the commissioner of com munity affairs and the Board of Community Affairs in matters relating to the finan cial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area or multicounty planning and development commissions.
(2) The Governor shall appoint the members of the committee who shall serve for terms of office of two years and until their successors are appointed and qualified. The committee shall consist of one member of each area or multicounty planning and development commission in the state. If any member of the committee shall cease to be a member of an area or multicounty planning and development commission, he shall no longer be a member of the committee, and the Governor shall appoint a suc cessor who shall serve for the remainder of the term and until his successor is appointed and qualified.
(3) Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public car rier or the allowance authorized for state officials and employees for the use of a per sonal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this paragraph shall be paid from funds appropriated or available to the area or multicounty planning and development commission which the member represents.
(4) The committee shall meet at least four but not more than six times per year; however, the commissioner of community affairs or the chairman of the committee may call additional special meetings.

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(d) The Department of Community Affairs may, upon the request of the governing body of any political subdivision or planning commission, provide planning assistance to such political subdivision, planning commission, or groups of subdivisions or planning commissions. The Department of Community Affairs is also empowered to contract with any such political subdivision, planning commission, or groups of subdivisions or plan ning commissions for such services rendered, and the receipts of any moneys shall be paid into the state treasury. The Department of Community Affairs is also empowered to contract with any other public or private agency or association and with consultants for the purpose of receiving technical aid or assistance.
(e) The Department of Community Affairs shall be empowered to assist in the con duct of long-range community development planning and research relevant to local governments, to identify their needs, and to provide the fullest possible technical assis tance to the local governments in this state.
(f) The Department of Community Affairs may make application on behalf of local governments for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, the depart ment may be authorized, at the discretion of the Governor, to disburse such emergency funds to the local government.
50-8-3. The Department of Community Affairs shall be responsible directly or in cooperation with other agencies for planning with other agencies in the following activi ties:
(1) To identify potential human, social, and economic problems and opportunities in the various urban, suburban, and rural communities of the state and to assist communities in preparing for such opportunities and avoiding the consequences of such problems;
(2) To define, identify, and establish criteria for communities to participate with and avail themselves of the services of the department;
(3) To coordinate state-wide community affairs programs and responsibilities and to prepare a means for implementing needed and desirable community affairs pro grams;
(4) To provide, coordinate, or secure for local governments services relating to local financing, public facilities, law enforcement, personnel recruiting, public administra tion, and related activities;
(5) To supplement other agencies in providing information for communities and areas, which information would help avoid or minimize the problems associated with the changes brought about by altering economic, housing, and social conditions and by public works projects;
(6) To study consequences of government decisions which have an impact on local communities and to advise local communities affected thereby as to methods of adjustment and to circumstances resulting therefrom, such as changing housing pat terns, social and economic conditions, and public works projects;
(7) To maintain liaison with and draw upon specialized private agencies and busi ness, labor, and professional association resources in order to have available additional information and expertise in specific areas of concern;
(8) To coordinate activities with the Department of Housing and Urban Develop ment, or its counterpart by whatever name called, at all governmental levels;
(9) To provide technical assistance directly or through cooperative agreements with other state agencies, units of local government, and local public agencies, or others when appropriate; and
(10) To review, on a continuous basis, the programs and policies of area agencies to determine their consistency with long-range policies and programs of the state bien nial development program. 50-8-4. (a) There is created the Board of Community Affairs, which shall establish policy and direction concerning community affairs for the Department of Community Affairs for the development of the state's physical, economic, and human resources and to perform such other functions as may be provided by law. (b) (1) On and after July 1, 1984, the Board of Community Affairs shall consist of one member from each congressional district in the state and five additional members

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from the state at large. All members shall be appointed by the Governor. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congres sional districts and one at-large member shall be appointed for a term ending July 1, 1987; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1989. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified.
(2) The board shall at all times consist of five members who are elected officials of municipalities, five members who are elected officials of counties, and five members from the populace at large. In appointing members who are elected officials of munici palities, the Governor may consult with and seek recommendations from the Georgia Municipal Association. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia. (c) The first members appointed under subsection (b) of this Code section shall be appointed for terms which begin July 1, 1984. The members of the Board of Community Affairs serving on April 1, 1984, shall remain in office until July 1, 1984, and until their successors are appointed and qualified. (d) The board at its initial meeting, which meeting shall be called by the Governor promptly after the appointment of its members, shall elect a chairman, vice-chairman, and secretary from among its members. These officers shall serve until the following April, at which time officers shall again be elected; and thereafter officers shall be elected at each April meeting. Five members shall constitute a quorum. Meetings may be called by the chairman or any five board members upon adequate notice. (e) Board membership does not constitute public office to the extent that a member of the board is precluded from holding other public office. Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration. (f) Board members may be reappointed by the Governor to additional terms, pro vided that the reappointment does not alter the composition of the board as provided for in subsection (b) of this Code section. Should the Governor decide not to reappoint any board member upon the expiration of such member's term, the following procedure shall apply:
(1) If a member was appointed from a congressional district, the Governor shall appoint from the congressional district; or
(2) If the member was appointed from the state at large, the Governor shall appoint from the state at large. (g) When a vacancy occurs on the board, the Governor shall appoint a person to fill the vacancy within 60 days. The procedure for filling a vacancy shall be the same as prescribed in subsection (f) of this Code section. The following shall constitute a vacancy on the board:
(1) Inability to serve due to death, medical infirmity, or resignation; or (2) Any change in local elective office-holding status that would cause the composi tion of the board to violate subsection (b) of this Code section. 50-8-5. There is created the office of commissioner of community affairs, who shall be executive officer and administrative head of the department. The commissioner shall be appointed by and serve at the pleasure of the board. The commissioner shall assist the board in the performance of its duties, powers, authority, and jurisdiction, as the board shall provide.

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50-8-6. The Board of Community Affairs shall study state housing needs and resources and present to the Governor recommended courses of action by state govern ment.
50-8-7. The Department of Community Affairs may apply for, receive, administer, and utilize any grants or other financial assistance under any federal, private, or public financial sources that may be made available for achieving the purposes of the depart ment.
50-8-8. (a) It shall be the function and duty of the Department of Community Affairs to make comprehensive surveys and studies of the existing physical, social, and economic conditions of the state. Such surveys and studies shall be made for the pur pose of identifying problems with the coordinated and harmonious development of the state.
(b) The Department of Community Affairs shall seek to harmonize its planning activities with those of departments, agencies, and instrumentalities of the state, area planning and development commissions, and local governments to assist these agencies in planning matters for the purpose of securing the quality development of the state. Nothing contained in this Code section shall reduce the planning powers conferred upon area planning and development commissions, departments, agencies, or instrumentalities of the state or local governments by law.
(c) In particular, the Department of Community Affairs shall have the power and duty to perform the following:
(1) To increase the awareness of and response to developmental policies and prob lems, the department shall, every two years, prepare a growth and development profile of the state, using, where available, existing studies, information, and work developed by other state agencies. Such profile and accompanying maps and descriptive matter shall include a general description of existing and probable future patterns of growth and development, a general inventory of natural resources, an analysis of housing, population, and economic conditions, and a summary of policies regarding growth and development. Significant problems related to these categories shall be described in the profile. The profile shall be submitted biennially to the Governor and the General Assembly to assist them in developing policies for guiding the coordinated and harmo nious development of the state;
(2) Assist the Governor or the General Assembly or any of its committees or any state department or state agency or instrumentality with studies, investigations, reports, and advice in matters concerning the resources and the well-coordinated development of the state;
(3) Cooperate with and render planning assistance to the federal government and its agencies within the state, and to counties, municipalities, or other local govern ments within the state, with a view to harmonizing their planning activities with plans for the development of the state. The department shall, upon the request of any appropriate federal, municipal, or county board or official, transmit available informa tion which will facilitate the above aim;
(4) The department may, upon the request of the governing body of any county or municipality or other political subdivision, provide planning assistance, including surveys, land-use studies, urban renewal plans, technical services, and other planning work, to such county, municipality, or other political subdivision, and the department may agree with such governing body as to the amount of money, if any, to be paid to the department for such service;
(5) To collect information and data and to conduct research on local governments for use by the General Assembly, state agencies, local governments, and their associa tions and to establish a comprehensive base of local government information which shall draw upon existing information and data within state agencies and utilize information and data collected directly from local governments; and
(6) To establish no later than December 31, 1987, a strategic state-wide rural eco nomic development plan in cooperation with area planning and development commis sions, the University System, other state agencies and departments, and political subdivisions of the state. The plan shall include, without being limited to, identifying

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industries for which the rural areas of the state have a comparative advantage, explor ing sources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development. The plan shall be updated at the same time the growth and development profile of the state is submitted to the Governor and the General Assembly under paragraph (1) of this subsection. (d) The powers granted by this Code section and Code Section 50-8-9 to the Depart ment of Community Affairs are advisory only and shall not be construed to infringe upon any power of the legislative, executive, or judicial branch of the state government. 50-8-9. The Department of Community Affairs shall have the power to promote public interest in and understanding of the problems of state development and of plans for their solution. To this end, the department may make, publish, and distribute maps, plans, information, studies, reports, and recommendations relating to the development of the state to public officials and agencies, semipublic and private agencies and cor porations, civic, educational, professional, and other organizations and citizens. It may confer and cooperate with the executive, legislative, or planning authorities of neigh boring states and their municipalities and counties for the purpose of bringing about a coordination between the development of such neighboring states and their municipal ities and counties and the development of this state. 50-8-10. The Department of Community Affairs shall make available such funds as may be appropriated by the General Assembly for use by area or multicounty planning and development commissions. 50-8-11. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or otherwise authorized. (b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration. 50-8-12. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and participate in the various state per sonnel programs as they were previously entitled or authorized. (b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration.", and inserting in lieu thereof a new Article 1 to read as follows:

"ARTICLE 1
50-8-1. The Department of Community Affairs is created as a department of the executive branch of state government. The Department of Community Affairs, as it existed immediately prior to February 24, 1988, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after February 24, 1988, the Department of Community Affairs shall have the duties, responsibilities, functions, power, and authority set forth in this article and otherwise provided by law.
50-8-2. (a) As used in this article, the term: (1) 'Area planning commission' means any area planning and development
commission or any metropolitan area planning and development commission created in accordance with this chapter.
(2) 'Board' means the Board of Community Affairs.

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(3) 'Commissioner' means the commissioner of community affairs. (4) 'Constitution' means the Constitution of the State of Georgia. (5) 'Contract' means any contract, agreement, or other legally binding arrange ment. (6) 'County' means any county of this state. (7) 'Department' means the Department of Community Affairs. (8) 'Eligible recipient' means any local government, school district, or other government entity which may be eligible to receive funds from the department pur suant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department. (9) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (10) 'Local government' means any county, municipality, or other political subdivi sion of the state; any area planning commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms a group to carry out jointly any of their lawful purposes but shall not include school districts. (11) 'Local government affairs' means all matters involving or affecting local govern ments in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority. (12) 'Local government services' means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs. (13) 'Municipality' means any municipal corporation of the state and any consoli dated city-county government of the state. (14) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (15) 'Rural area' means any nonurban area in the state as defined in rules and regu lations of the department. (16) 'School district' means any school district, independent school system, or other local school system in the state. (17) 'State' means the State of Georgia. (b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall include all terms, conditions, covenants, representa tions, warranties, and other provisions. 50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The purpose of this article is to provide for the department to serve this essential public interest of the state in devel oping, promoting, sustaining, and assisting local governments. (b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall: (1) Develop, promote, sustain, and assist local governments; (2) Provide a liaison between local governments and other governments, including the state government and the federal government; (3) Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local govern ment affairs and local government services and act as the coordinator on the state

WEDNESDAY, FEBRUARY 24, 1988

1579

government level for such programs, studies, and functions provided by the depart ment and for those provided by others;
(4) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments the provision of planning services; the provision of infrastructure and other public works and improvements; the develop ment, promotion, and retention of trade, commerce, industry, and employment oppor tunities; the provision of transportation systems; and the promotion of housing supply; and
(5) Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor.
50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to February 24, 1988, shall continue to exist in accordance with this article. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
(1) Members of the board serving immediately prior to February 24, 1988, shall continue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter the Governor shall appoint all members for terms of five years and until their successors are appointed and qualified;
(2) The board shall be composed of one member from each United States congres sional district in the state and five additional members from the state at large. The membership shall include, at all times, five members who are elected officials of municipalities, five members who are elected officials of counties, and five members from the state at large who need not be elected officials. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recom mendations from the Georgia Municipal Association. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia;
(3) The term of a member shall expire when it ends or shall terminate earlier immediately upon:
(A) Resignation by a member; (B) Death of a member or inability to serve as a member due to medical infir mity or other incapacity; or
(C) Any change in local elective office of a member which would cause the com position of the board not to comply with the requirements of paragraph (2) of this subsection;
(4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection. If, upon expiration or termination of a member's term, the Governor does not reappoint the board member whose term is expiring or terminating, the following
procedure shall apply:
(A) If the former member was appointed from a congressional district, the Governor shall appoint a new member from the same congressional district;
(B) If the former member was appointed from the state at large, the Governor shall appoint a new member from the state at large; and
(C) If the former member was appointed as an elected official of a municipality
or an elected official of a county, the Governor shall appoint a new member who is either an elected official of a municipality or a county, as the case may be; and
(5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office.
(c) Officers of the board shall be elected and shall serve as follows:

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(1) The officers of the board serving immediately prior to February 24, 1988, shall continue to serve the respective terms for which they were elected and until their respective successors are elected and qualified;
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May meet ing, at the next monthly meeting; and
(4) Officers shall serve for a term beginning with their election and qualification and ending with the election and qualification of their respective successors. (d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Five members of the board shall constitute a quorum for con ducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the board deems appropriate. (e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
50-8-5. (a) The office of the commissioner of community affairs, as it existed immediately prior to February 24, 1988, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serv ing as the department's chief executive officer and administrative head. The commis sioner serving immediately prior to February 24, 1988, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner.
(b) The commissioner shall have and may exercise the following power and author ity:
(1) The power and authority to take or cause to be taken any or all action neces sary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to per form or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exer cise; and
(3) The power and authority to assist the board in the performance of its duties, responsibilities, and functions and the exercise of its power and authority.
50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to February 24, 1988, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law.

WEDNESDAY, FEBRUARY 24, 1988

1581

The commissioner shall appoint such directors, deputies, and assistants as may be neces sary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration.
50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The depart ment shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activi ties may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assistance may be directed to any and all activities of local government including, but not limited to, community and economic development and governmental administra tion, finance, management, and operations;
(2) The department may provide planning assistance to local governments. This assistance may include long-range planning relevant to one or more local governments to identify the needs of such local governments. This assistance may also include plan ning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
(3) The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local governments or on any of their citizens;
(4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the avail ability of single-family, multifamily, and other types of housing units, the anticipated changes in such availability, the potential occupants for such housing, and the antici pated changes in such potential occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government. (b) The department shall undertake and carry out such gathering of information, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such gathering and distribution of information and studies may include, but shall not be limited to, the following:
(1) The department shall establish the Georgia data bank to serve as a compre hensive source of information available to local governments and state government. The Georgia data bank shall collect, analyze, and disseminate information with respect to local governments and with respect to state government. The Georgia data bank shall use information obtained from other governments and information developed by the department. To maintain the Georgia data bank, the department shall make comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local govern ments and of such other aspects of the state as may be necessary to serve the pur poses of the department;
(2) The department shall, every two years, prepare a growth and development pro file of the state. The profile and the maps and descriptions which accompany the pro file shall include a general description of the existing and probable future patterns of growth and development and shall describe significant problems related to these pat terns. For this purpose, the department shall use information from the Georgia Data Bank and, where available, information developed by other state agencies. In addition, the department may develop its own information. This profile shall be submitted biennially to the Governor and to the General Assembly for their information and use in developing policies for the state;
(3) The department shall maintain a strategic rural economic development plan in cooperation with the area planning commissions, the university system of the state,

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other state agencies and departments, and local governments. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring resources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development in rural areas. This rural economic development plan shall be revised and updated at the same time as the growth and development profile of the state prepared for submission to the Governor and to the General Assembly is updated and shall be submitted to the Governor and to the General Assembly at the same time;
(4) The department may assist the Governor, the General Assembly, any commit tees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department;
(5) The department may undertake studies, investigations, and surveys to identify
potential physical, social, economic, governmental, demographic, or other problems and opportunities in the urban, suburban, and rural areas of the state and to assist
local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and
(6) The department may write, draft, prepare, or publish any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with
respect to local government affairs. The department may distribute or otherwise dis
seminate any such studies, surveys, investigations, maps, reports, plans, recommenda tions, advice, and information to any government, any state authority or state agency, or any private entity.
50-8-8. (a) The department shall make grants to eligible recipients, which grants are specified by amount, recipient, and purpose in an appropriation to the department.
The department shall also grant to any school district the proceeds of any general obli gation debt for educational facilities for which the department is named user agency and
the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients from appropriations made to the
department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department shall disburse such grants on the
basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of
government operations or services; community health, safety, and economic well-being; and any other similar criteria that may from time to time be established by the depart
ment. No grant by the department to any eligible recipient shall adversely affect any grant or service to the recipient by any other unit or instrumentality of state govern
ment. Without limiting the foregoing, the Department of Education, Department of Transportation, and the director of the Fiscal Division of the Department of Administra
tive Services shall not diminish or fail to award any funds or service to any recipient under any state or federal program in whole or in part on account of a grant by the
department. Grants by the department are and shall be deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients:
(1) The department may make available funds by grant to an eligible recipient, by direct payments on behalf of an eligible recipient, or by any other lawful means;
(2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;
(3) The department shall specify the terms under which it makes any funds avail able to an eligible recipient. The terms shall be those established or otherwise
required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise
require any such terms, the department may establish the terms; (4) The department shall set forth in writing the terms under which the depart
ment makes funds available to an eligible recipient. The terms may be set forth in

WEDNESDAY, FEBRUARY 24, 1988

1583

a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
(5) The department shall manage and administer all funds made available pur suant to this Code section; and
(6) The department may make funds available for any purpose for which the eli gible recipient may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:
(A) Construction projects; (B) Capital outlay projects; (C) Infrastructure projects; (D) Planning services; (E) Technical assistance; (F) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agri culture, and agribusiness; (G) Purchase or lease of equipment; (H) Operating expenses; (I) Housing projects; (J) Any project for the purposes of acquiring, constructing, equipping, maintain ing, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, ath letic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade; (K) Any project or purpose described in or permitted under any appropriations to the department; (L) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department; (M) Any project or purpose provided for in the federal Housing and Community Development Act of 1974, as amended, or any successor to the Housing and Com munity Development Act of 1974;
(N) Any project or purpose provided for in the federal Public Works and Eco nomic Development Act of 1965, as amendbd, or any successor to the Public Works and Economic Development Act of 1965;
(0) Any project or purpose authorized by federal or state law; or
(P) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.
(b) The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any govern ment or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following:
(1) The department may apply on behalf of local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient.
(2) The department may accept on behalf of local governments or other eligible recipients funds provided to the department by an executive order of the Governor

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and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient. (c) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto. (d) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution. (e) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the depart ment for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities. (f) The power and authority of the department under this Code section to make available to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not otherwise be limited.
(g) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants and other disbursements of funds made by the department or from the emergency fund through the department prior to February 24, 1988, are approved, ratified, and confirmed.
50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The depart ment shall have the power to enter into contracts with local governments, school dis tricts, state agencies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall con stitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individual, company, corporation, or asso ciation, and the state, through the department, shall not become a joint owner or stock holder in or with any individual, company, association, or corporation.
(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be
limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The depart ment shall undertake and carry out such activities as may be necessary to coordinate
policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the follow
ing: (1) The department may take such action as the commissioner may deem neces
sary, to the extent feasible and practicable as determined by the commissioner, to make the programs and policies of all levels of government consistent and to minimize
duplicated or inconsistent programs and policies within the state government and
among local governments; (2) The department may review, on a continuous basis, the programs and policies
of all governments acting within the state to determine their consistency with longrange programs and policies of the state, including the state's biennial growth and
development profile; and

WEDNESDAY, FEBRUARY 24, 1988

1585

(3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of munici palities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state. (b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government, and to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to actions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress. (c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local government affairs. The department may develop pilot programs or projects designed to address the problems and needs of local government. 50-8-11. (a) The department shall have the duty, responsibility, power, and author ity to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically men tioned in this article or otherwise specifically granted by law. Without limiting the gen eral nature of this Code section:
(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any execu tive orders issued by the Governor prior to February 24, 1988. To the extent permit ted by law, the Governor may, by executive order issued after February 24, 1988, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action;
(2) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(3) The department shall assist local governments in developing, promoting, and retaining trade, industry, commerce, and employment opportunities;
(4) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
(5) The department may receive, use, and spend money received from the state for any of the purposes of the department. (b) Revenues for all fees and charges imposed or otherwise charged by the depart ment for local government services shall be paid into the general fund of the state treas ury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses. 50-8-12. (a) The Advisory Committee on Area Planning and Development, as it existed immediately prior to February 24, 1988, shall continue to exist in accordance with the provisions of this article. The committee shall advise the commissioner and the board in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area planning commissions. The members of the committee serving immediately prior to February 24, 1988, shall continue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter, the Governor shall appoint the members of the committee who shall serve for terms of office of two years and until their successors are appointed and qualified. The committee shall consist of one member from each area planning commission in the state. If any member of the committee shall cease to be a member of an area planning commission in the state, such member shall no longer be a member of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until such member's suc cessor is appointed and qualified. Membership on the committee shall not preclude the

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member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a per sonal motor vehicle in connection with such attendance. The per diem and travel allow ance or reimbursement authorized by this subsection shall be paid from funds appropriated and available to the area planning commission which the member repre sents. The committee shall meet at least four but not more than six times per year. The commissioner or the chairman of the committee may call additional special meetings.
(b) The commissioner may create advisory councils in accordance with Code Section 50-4-4. The commissioner may name or otherwise designate such advisory councils as the commissioner deems necessary.
50-8-13. (a) Authorities or agencies may be assigned to the department for adminis trative purposes in accordance with Code Section 50-4-3. The following authorities are assigned to the department in accordance with such Code section:
(1) The Georgia Environmental Facilities Authority; and (2) The Georgia Residential Finance Authority. (b) The department may induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to per form any local government services and to perform its own statutory function. 50-8-14. The administration of programs, grants, and other activities covered by this chapter shall not be covered by, subject to, or required to comply with or satisfy any provision of Chapter 13 of this title, known as the 'Georgia Administrative Procedure Act.' 50-8-15. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or otherwise authorized. (b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration. 50-8-16. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and shall participate in the various state personnel programs as they were previously entitled or authorized to participate. (b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs under their normally prescribed termination or expiration."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative McDonald of the 12th moved that the House adopt the report of the Committee of Conference on SB 475.
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
Atkins Y Bailey

Balkcom Bannister Y Bargeron
Y Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong

Y Bishop Y Bostick Y Branch
Brooks Brown Y Buck Y Buford Y Byrd Y Carrell

Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Connell
Y Couch Y Cox Y Crawford Y Crosby Y Cummings,B
Cummings.M

WEDNESDAY, FEBRUARY 24, 1988

1587

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
Y Hanner Y Harris
Hasty Y Heard
Hensley Y Herbert YHolcomb

Y Holmes Hooks
Y Hudson 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 Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald

Y McKelvey McKinney
Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore
Y Morton Mostiler
Y Moultrie Y Mueller Y Oliver.C
01iver,M Orrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Y Peters Y Pettit Y Phillips Y Pinkston
Pittman Y Porter Y Powell

On the motion, the ayes were 144, nays 0. The motion prevailed.

Prichard Y Rainey
Ramsey.T Y Ramsey.V
Randall Y Ransom Y Ray
Reaves
Y Redding Richardson Ricketson
Y Robinson Y Royal Y Selman Y Shepard
Y Sherrod 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 Y Stephens
Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Tolbert 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
Y Wilson Y Wood Y Workman
Yeargin Murphy.Spkr

Representative Ramsey of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1627.

By Representatives Barnett of the 10th and Yeargin of the 14th:
A bill to amend Code Section 24-10-60 of the Official Code of Georgia Anno tated, relating to issuance of an order requiring a prisoner's delivery to serve as a witness or criminal defendant, so as to provide procedures for the delivery of a prisoner under a sentence of death as a witness.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 24-10-60 of the Official Code of Georgia Annotated, relating to issuance of an order requiring a prisoner's delivery to serve as a witness or criminal defendant, so as to provide procedures for the delivery of a prisoner under a sentence of death as a witness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-10-60 of the Official Code of Georgia Annotated, relat ing to issuance of an order requiring a prisoner's delivery to serve as a witness or criminal defendant, is amended by adding at the end thereof a new subsection (d) to read as fol lows:
"(d) If a prisoner under a death sentence is needed as a witness for either the prose cution or the defense in any felony case, the requesting party may interview the pro posed witness. Following such interview, the requesting party may move for a writ of

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JOURNAL OF THE HOUSE,

habeas corpus ad testificandum. Such motion shall be accompanied by a proffer of the testimony of the proposed witness. The requesting party shall make such motion and proffer as soon as possible but shall not make such motion later than 20 days prior to the date of the trial. Nothing in this Code section shall limit the right of a party from presenting a material witness at a hearing or trial and to have compulsory process for that purpose."
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 Alford 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
Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark,L
Y Colbert

Y Coleman
Colwell Connell Y Couch
YCox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover
Dunn 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
Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Y Holmes
Hooks Y Hudson
Isakson
Y Jackson,J Y Jackson, W
Jamieson Y Johnson.D Y Johnson.H 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 McCoy Y McDonald
McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M 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
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod
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
Y Stephens Thomas.C Thomas.M
Y Thompson
Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs
Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall Y Ware
Watson Watts White Y Wilder Williams.B Williams ,J
Y Wilson Y Wood
Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs:

HB 1843.

By Representatives Pittman of the 60th, Wall of the 61st, Gresham of the 21st, Shepard of the 71st, Bannister of the 62nd and others:
A bill to amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to obscenity and related offenses, so as to pro hibit minors from viewing certain nude and sexual conduct; to provide for definitions; to prohibit the display of certain pictures, reproductions, and images depicting such conduct.

WEDNESDAY, FEBRUARY 24, 1988

1589

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 216. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Coleman of the 118th, Connell of the 87th and others:
A BILL
To provide supplementary appropriations for the State Fiscal Year ending June 30, 1988, in addition to any other appropriations heretofore or hereafter made for the oper ation of state government and the purposes provided for herein; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988, as prescribed hereinafter for such State Fiscal Year, and are in addition to any other appropriations heretofore or hereafter made for the operation of state government.
Section 1. Department of Corrections for Capital Outlay.............................................................................$ 300
Section 2. TOTAL APPROPRIATION STATE FISCAL YEAR 1988 .......................................................................$ 300
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1987-1988 known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, p. 1497), as amended by an Act approved February 23, 1988 (HB 1267) so as to change certain lan guage; 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 1987-1988, known as the "General Appropriations Act", approved April 20, 1987 (Ga. L. 1987, P. 1497), as amended by an Act approved February 23, 1988 (HB 1267) is amended by strik ing the fifth paragraph in Section 73 in its entirety and by substituting in lieu thereof a new fifth paragraph to read as follows:
"Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $768,000 is specifically appropriated for the purpose of financing the purchase and installation of a new pulping machine of the Herty Founda tion and to finance any other improvements associated with such purchase and installation for the Board of Regents of the University System of Georgia, by means of the demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months."

1590

JOURNAL OF THE HOUSE,

Section 2. Said Act is further amended by striking from the twelfth line of the twenty-second paragraph of Section 73 the word "University" and by inserting in lieu thereof the word "College".
Section 3. This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Alien Y Athon
Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Harriett,B Y Barnett,M YBeck Y Benefield
Benn Birdsong
Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark,H Y Clark,L
Y Colbert

Y Coleman Colwell
Y Connell Y Couch YCoi Y Crawford
Y Crosby Y Cummings,B
Cummmgs,M Y Davis.G N Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Green
Y Greene Y Greer
Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Hasty 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 NLane,R Y Langford
Y Lawler Y Lawrence Y Lawson
YLee Y Under
Long Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald McKelvey McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller
Y Oliver.C Oliver.M
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
Prichard YRainey
Y Ramsey.T Y Ramsey.V
Randall
Y Ransom Ray
Y Reaves Y Redding
Richardson Y Ricketson Y Robinson 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 Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplet!
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 Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1605. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the consumers' utility counsel, so as to eliminate and repeal the provisions relative to the automatic repeal of the chapter.

The following Committee substitute was read:

WEDNESDAY, FEBRUARY 24, 1988

1591

A BILL
To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to provide that the position of consumers' utility counsel shall be attached to the office of the administrator who provides protection as to consumer transactions in this state; to change the provisions relating to employment of staff and the payment of compensation to the consumers' utility counsel and staff per sonnel; to change the provisions relative to the automatic repeal of the chapter relating to the consumers' utility counsel; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking in its entirety Code Section 46-10-3, relating to the creation of the consumers' utility counsel, and inserting in lieu thereof a new Code Section 46-10-3 to read as follows:
"46-10-3. There is created the position of consumers' utility counsel, which shall be attacned lor administrative purposes only, as tnat term ts defined tft CJOQC ocction 60 4-3, te the Office ef Planning tatd Budget to the office of the administrator created in Code Section 10-1-395. The counsel shall be appointed by the Governor and shall serve at his pleasure. The counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The counsel shall receive compensation in an amount to be determined by the Governor, but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for state employees. No person employed as consumers' utility counsel shall engage in the private practice of law while employed as consumers' utility counsel. The consumers' utility counsel shall submit a written report of the annual activities and expenditures of the counsel. The report shall be submitted by December 31 each year and shall be submitted to the Industry Committee of the Georgia House of Representatives and to the Public Utilities Committee of the Georgia Senate."
Section 2. Said chapter is further amended by striking in its entirety Code Section 46-10-6, relating to the employment of staff personnel by the consumers' utility counsel, and inserting in lieu thereof a new Code Section 46-10-6 to read as follows:
"46-10-6. The counsel is authorized to employ such assistants as he may need and is authorized to employ and fix the compensation of such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or cler ical assistance, including expert witnesses, as may be necessary to carry out his duties. The compensation of the counsel and such staff shall be paid from state funds appropri ated or otherwise made available to the office of the administrator created in Code Section 10-1-395 from funds appropriated to the office of the Governor for such pur poses."
Section 3. Said chapter is further amended by striking in its entirety Code Section 46-10-9, relating to the automatic repeal of Chapter 10, and inserting in lieu thereof a new Code Section 46-10-9 to read as follows:
"46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, W88 1991."
Section 4. This Act shall become effective June 30, 1988.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

1592

JOURNAL OF THE HOUSE,

Representative Steinberg of the 46th moves to amend the Committee substitute to HB 1605 as follows:
Page 1, delete on Lines 24 and 25, beginning with "to the" and ending with "Code Section 10-1-395."
And insert on Lines 21-24 after the word "attached" "for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget."
And on Page 2 delete on Line 33 after "appropriated" beginning with "or otherwise" through the end of Line 3 on Page 3, and insert after "appropriated" a period (.)".

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 Alien N Athon N Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett,B N Barnett.M NBeck N Benefield
Benn N Birdsong N Bishop N Bostick N Branch
Brooks N Brown
NBuck N Buford NByrd N Carrell N Carter
Chambless N Chance N Cheeks N Childers
Clark,B N Clark.H
N Clark.L N Colbert

Coleman Colwell
N Connell N Couch
Cox N Crawford N Crosby N Cummings,B
Cummings,M Y Davis.G Y Davis,M N Diion N Dobbs N Dover NDunn
N Edwards N Felton N Floyd N Foster N Galer N Godbee
Y Goodwin N Green
N Greene N Greer N Gresham N Griffin
Groover
Y Hamilton N Manner N Harris
N Hasty N Heard N Hensley Y Herbert N Holcomb

N Holmes Hooks
N Hudson N Isakson N Jackson,J N Jackson,W N Jamieson Y Johnson,D
Johnson.R
N Kilgore Y Kingston N Lane.D N Lane.R N Langford Y Lawler N Lawrence N Lawson
NLee N Under NLong
Lord N Lucas Y Lupton N Mangum
Y Martin N McCoy N McDonald
McKelvey Y McKinney N Meadows
Milam
N Milford N Mobley N Moody N Moore Y Morton

Mostiler N Moultrie Y Mueller
N Oliver.C Y Oliver,M 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
N Prichard Rainey
N Ramsey.T Y Ramsey.V NRandall N Ransom
NRay N Reaves
Redding Richardson Ricketson N Robinson N Royal N Selman
N Shepard N Sherrod
Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 32, nays 119. The amendment was lost.

N Sizemore
N Smith,L N Smith.P N Smith.T
N Smith,W NSmyre NSnow Y Stancil
Y Stanley Y Steinberg N Stephens Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs
N Waddle N Waldrep
Walker.C N Walker,L Y Wall
Ware N Watson
N Watts White
N Wilder Y Williams.B
Williams,J Y Wilson N Wood N Workman N Yeargin
Murphy,Spkr

The following amendment was read and lost.

Representative Steinberg of the 46th moves to amend the Committee substitute to HB 1605 as follows:
On page 3, delete Section 3 in its entirety.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

WEDNESDAY, FEBRUARY 24, 1988

1593

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 YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambleas Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark.L Y Colbert

Coleman Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby
Y Cummings,B Cummings.M
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 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 YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
McKelvey McKinney Y Meadows Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
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 YRandall Y Ransom YRay Y Reaves Y Redding
Richardson Ricketson Y Robinson 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
Y Smyre YSnow Y Stancil
Y Stanley N Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert 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,.! Y Wilson Y Wood
Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1554.

By Representatives Smyre of the 92nd, Dover of the llth, Kilgore of the 42nd, Benn of the 38th, Lawson of the 9th, Lane of the 27th 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 for rooms, lodgings, or accommodations, so as to change the length of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.

The following Committee 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 the length of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities; to change certain provisions with respect to expending funds collected pursuant to such tax; 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 48-13-51 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

1594

JOURNAL OF THE HOUSE,

rooms, lodgings, or accommodations, is amended by striking paragraph (4) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county having a popu lation 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 commencing July 1^ 1987, at a rate of 6 percent, and the aggregate amount of all taxes during such three-year period may be up to 11 percent except as otherwise provided in this paragraph. 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 pur poses; (C) supporting a facility owned or operated by a local authority or local govern ment 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 is substantially completed and in operation prior to July 1, 1987; (D) sup porting a facility owned or operated by a local government or local authority for conven tion 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 purposes. 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 ef municipality which has once levied a tax pursuant te this paragraph {4) fef a three year period shall, at the end ef such period, Upon the expiration of such three-year period, the 60 percent expenditure requirement of this paragraph shall be reduced to 50 percent, and as an additional requirement at least 16 2/3 percent of the total taxes col lected under this Code section must be expended for the purpose of funding the con struction of a domed stadium facility funded in part by a grant of state funds. Any tax levied pursuant to this paragraph (4) for such purpose shall terminate not later than December 31, 2017, or the date of final payment of any county's or municipality's share of funds for any domed stadium facility funded in part by a grant of state funds, which ever occurs first. Following such termination, any county or municipality which has levied a tax pursuant to this paragraph (4) shall be authorized to levy a tax in the man ner and at the rate authorized by any other applicable provisions of this Code section but shall not thereafter be authorized to again levy a tax under this paragraph (4). If construction of such domed stadium facility has not begun on or before the last day of such three-year period, then any county or municipality which has once levied a tax pur suant 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 by any other appli cable provisions of this Code section but shall not thereafter be authorized to again levy a tax under this paragraph (4)."
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.
An amendment offered by Representative Triplett of the 128th, et al, was read and withdrawn.
The following amendment was read and adopted:
Representatives Crosby of the 150th and Smyre of the 92nd move to amend the Committee substitute to HB 1554 by striking the figure "50" on line 34 of page 2 and inserting in its place the figure "33 l/3*'.

WEDNESDAY, FEBRUARY 24, 1988

1595

The following amendment was read:

Representative Holmes of the 28th, et al, move to amend the Committee on Ways and Means substitute to HB 1554 by inserting between "as" and "to" on line 4 of page 1 the following:
"to provide for certain limitations on the authority of certain counties or municipal ities to expend certain tax funds;".
By striking from line 22 of page 2 the following:
"purposes.",
and inserting in its place the following:
"purposes; provided, however, that notwithstanding any other provision of this para graph to the contrary, no county or municipality levying a tax pursuant to this para graph shall be authorized to expend any tax funds collected from the levy of such tax for any of the purposes authorized in this paragraph which are funded in whole or in part by any local ad valorem tax or sales tax levied by such county or municipality."
By striking from line 4 of page 3 the following:
"funds.",
and inserting in its place the following:
"funds, unless such expenditure is otherwise prohibited by this paragraph."
By striking from line 18 of page 3 the following:
"periods,",
and inserting in its place the following:
"period or the expenditure of tax funds for such domed stadium facility is otherwise prohibited by this paragraph,".

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 N Aiken
Alford Alien
Athon N Atkins N Bailey N Balkcom Y Bannister
N Bargeron N Barnett,B Y Barnett.M Y Beck N Benefleld
Benn N Birdsong N Bishop N Bostick
N Branch Y Brooks Y Brown N Buck Y Buford N Byrd N Carrell

N Carter N Chambless
Y Chance N Cheeks N Childers
Clark.B
YClark.H Y Clark,L Y Colbert N Coleman N Colwell
N Connell Y Couch N Cox N Crawford N Crosby Y Cummings,B
Cummings.M Y Davis.G Y Davis,M
N Dixon Y Dobbs N Dover N Dunn Y Edwards Y Felton N Floyd

N Foster N Galer
N Godbee Y Goodwin N Green N Greene
Y Greer N Gresham N Griffin N Groover Y Hamilton
N Hanner N Harris N Hasty N Heard N Hensley N 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 Y Kingston
Y Lane.D N Lane.R N Langford N Lawler
Y Lawrence N Lawson N Lee Y Linder N Long
N Lord N Lucas Y Lupton N Mangum N Martin N McCoy N McDonald
McKelvey Y McKinney
N Meadows Y Milam N Milford N Mobley N Moody N Moore Y Morton

N Mostiler N Moultrie
Y Mueller N Oliver.C Y Oliver.M Y Orrock
N Padgett N Pannell N Parham N Parrish N Patten
N Peters Pettit
N Phillips N Pinkston Y Pittman Y Porter Y Powell N Prichard N Rainey
N Ramsey.T N Ramsey.V Y Randall N Ransom Y Ray N Reaves Y Redding

1596

JOURNAL OF THE HOUSE,

Y Richardson N Ricketson N Robinson N Royal Y Selman Y Shepard N Sherrod
Simpson Y Sinkfield

N Sizemore N Smith.L N Smith.P N Smith.T N Smith, W N Smyre N Snow N Stancil
Y Stanley

Steinberg N Stephens N Thomas.C Y Thomas.M N Thompson
Thurmond Y Tolbert N Townsend
N Triplett

Twiggs N Waddle N Waldrep
Walker.C N Walker,L Y Wall N Ware N Watson
Watts

On the adoption of the amendment, the ayes were 51, nays 112.

The amendment was lost.

Y White N Wilder
Y Williams.B Williams.J
N Wilson N Wood N Workman
Yeargin Murphy.Spkr

The following amendment was read:

Representative Lawrence of the 49th, et al, move to amend the Committee substitute to HB 1554 as follows:
On Page 1, Line 21 change the word "or" to "and".,
And, on Page 1, Line 22 strike "400,000" and insert in lieu thereof the following: "300,000 who reside in that county".

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
Alford Alien N Athon N Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M NBeck N Benefield
Benn
N Birdsong N Bishop N Bostick N Branch N Brooks N Brown N Buck N Buford NByrd N Carrell N Carter N Chambless N Chance N Cheeks N Childers
Clark.B N Clark.H Y Clark.L N Colbert

N Coleman N Colwell
N Connell N Couch NCox
N Crawford N Crosby N Cummings.B
Cummings.M Y Davis.G Y Davis.M
N Dixon N Dobbs N Dover NDunn N Edwards Y Felton
N Floyd N Foster NGaler N Godbee Y Goodwin N Green N Greene N Greer N Gresham N Griffin N Groover N Hamilton
N Hanner N Harris
N Hasty N Heard N Hensley N Herbert N Holcomb

N Holmes N Hooks N Hudson
N 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 N Langford N Lawler
Y Lawrence N Lawson NLee Y Linder
N Long NLord N Lucas N Lupton
N Mangum N Martin
N McCoy N McDonald
McKelvey McKinney
N Meadows NMilam
N Milford N Mobley N Moody N Moore Y Morton

N Mostiler N Moultrie
Y Mueller N Oliver.C
Y Oliver.M N Orrock
N Padgett N Pannell N Parham N Parrish N Patten N Peters
Pettit N Phillips N Pinkston
Y Pittman N Porter Y Powell N Prichard N Rainey N Ramsey.T Y Ramsey.V NRandall Y Ransom
NRay N Reaves
N Redding Y Richardson N Ricketson N Robinson
N Royal N Selman Y Shepard N Sherrod
Simpson N Sinkfield

On the adoption of the amendment, the ayes were 24, nays 140. The amendment was lost.

The Committee substitute, as amended, was adopted.

N Sizemore N Smith.L
N Smith,P N Smith.T N Smith, W
N Smyre N Snow N Stancil
N Stanley Steinberg
N Stephens
N Thomas.C Y Thomas.M N Thompson
Thurmond Y Tolbert N Townsend
N Triplett N Twiggs N Waddle
N Waldrep Walker.C
N Walker,L Y Wall N Ware N Watson
Watts N White N Wilder Y Williams,B
Williams,J N Wilson
N Wood N Workman
Yeargin Murphy,Spkr

WEDNESDAY, FEBRUARY 24, 1988

1597

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 N Aiken
Alford Alien Y Athon
N Atkins Y Bailey Y Balkcom N Bannister
Bargeron Y Barnett,B N Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B N Clark.H Y Clark.L Y Colbert

Y Coleman Y Colwell
Y Connell Y Couch YCox
Y Crawford Y Crosby
Y Cummings.B Cummings.M
N Davis.G N Davis.M Y Dixon Y 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 Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty 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 N Lawler N Lawrence Y Lawson
YLee N Linder YLong YLord Y Lucas N Lupton Y Mangum Y Martin
Y McCoy Y McDonald
McKelvey N McKinney Y Meadows NMilam Y Milford Y Mobley Y Moody Y Moore N Morton

Y Mostiler
N Moultrie Y Mueller Y Oliver.C Y Oliver.M
N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston N Pittman Y Porter N Powell Y Prichard Y Rainey Y Ramsey/T Y Ramsey.V Y Randall
Y Ransom NRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman N Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith.P Y Smith.T Y Smith, W
Y Smyre YSnow Y Stancil N Stanley Y Steinberg Y Stephens Y Thomas.C
N Thomas.M Y Thompson
Thurmond N Tolbert Y 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 Y Williams.B
Williams,J Y Wilson
Y Wood Y Workman
Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative McKinney of the 35th gave notice that at the proper time he would move that the'House reconsider its action in giving the requisite constitutional majority to HB 1554, by substitute, as amended.

HB 1250.

By Representatives Porter of the 119th, Thomas of the 69th, Pettit of the 19th, Robinson of the 96th and Lawson of the 9th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change provi sions relating to renunciations of successions to interests in property to clar ify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term "Interest in 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 roll call was ordered and the vote was as follows:

1598

JOURNAL OF THE HOUSE,

Y Aaron 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 Y Birdsong Y Bishop Y Bostick Y Branch
Y Brooks Y Brown YBuck
Buford YByrd
Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Colbert

Y Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon Y Dobbs
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
Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Hensley
Herbert Y Holcomb

Holmes
Hooks
Y Hudson Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Johnson,D Y Johnson ,R Y Kilgore
Kingston 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 McCoy McDonald McKelvey McKinney Y Meadows Milam Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
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
Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Redding Richardson Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod Simpson Y Sinkfield

On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was

Y Sizemore Y Smith,L
Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil Y Stanley Y Steinberg
Stephens Thomas.C Y Thomas,M Y Thompson Thurmond Tolbert Y Townsend Y Triplet!
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 Y Wilson Y Wood Y Workman
Yeargin Murphy.Spkr

The Speaker Pro Tern assumed the Chair.

HB 1030.

By Representative Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and "spot" insurance, so as to authorize the Commis sioner of Insurance to approve certificates of self-insurance for motor vehicle insurance purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Anno tated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and "spot" insurance, so as to authorize the Commissioner of Insurance to approve, issue, and cancel certificates of self-insurance for motor vehicle insurance purposes; to authorize the Commissioner to make certain determinations regarding claims practices of self-insurers; 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 9 of Title 40 of the Official Code of Georgia Anno tated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and "spot" insurance, is amended by striking Code Section 40-9-101, relating to self-insurers, and inserting in lieu thereof a new Code Section 40-9-101 to read as follows:

WEDNESDAY, FEBRUARY 24, 1988

1599

"40-9-101. (a) (1) Except as otherwise provided in paragraph (2) of this subsec tion, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the depart ment Commissioner of Insurance. The department Commissioner of Insurance may, in its his discretion, upon the application of such person, issue such a certificate when it he is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.
(2) Any person who operates one or more vehicles for hire which transport passen gers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of self-insurance from the department Commissioner of Insurance. The department Commissioner of Insurance may, in its his discretion, upon the application of such person, issue such a certificate when it he is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handl ing procedures substantially equivalent to those afforded by a policy of vehicle insur ance in compliance with Chapter 34 of Title 33. (b) Upon a determination fey the department that any self-insurer has failed to pay on any valid claim within 30 days of its submission or has failed to satisfy any judgment within 30 days after such judgment shall become final, the department Commissioner of Insurance shall revoke such insurer's certificate. The commissioner Commissioner of Insurance may on reasonable grounds cancel a certificate of self-insurance and is author ized to promulgate rules and regulations prescribing such grounds for the cancellation of such certificates."
Section 2. This Act shall become effective April 1, 1989.
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 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1336.

By Representatives Patten of the 149th and Long of the 142nd:
A bill to amend Code Section 12-5-123 of the Official Code of Georgia Anno tated, relating to the creation of the State Water Well Standards Advisory Council, so as to provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council.

The following substitute, offered by Representative Manner of the 131st, was read and adopted:

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 provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council; to change the provisions relating to the licensing of water well contractors gener ally; to require affidavits of past experience in water well construction from applicants for licenses; to provide that a property owner may apply for a variance from certain distance requirements between wells and septic tanks and other such facilities; to provide for the granting of variances under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

1600

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Water Well Standards Act of 1985," is amended by adding at the end of Code Section 12-5-123, relating to the creation of the State Water Well Stan dards Advisory Council, a new subsection (f) to read as follows:
"(f) The Attorney General shall provide legal services for the council."
Section 2. Said part is further amended by striking in its entirety subsection (c) of Code Section 12-5-127, relating to the licensing of water well contractors generally, which reads as follows:
"(c) Satisfactory proof of two years' experience in the water well construction busi ness shall be made by presenting a certified affidavit from a licensed water well contrac tor that the applicant has had at least two years of water well construction experience under said licensed contractor, and by any one of the methods described as follows:
(1) Presentation of copies of a county or city occupational license, or both, cover ing two years and indicating the occupation as 'well driller,' 'water well contractor,' or equivalent; provided, however, that such county or city occupational license shall be acceptable as proof only if the licensee was required to verify his experience and qualifications as a 'well driller,' 'water well contractor,' or equivalent by successful completion of an examination or such other method designed to verify the licensee's skills as the local governing authority may require;
(2) Presentation of a list of ten wells, together with their locations, major use, and approximate customer cost that the applicant has constructed or has helped to con struct within the last two years. This list must show the name and address of the owner or owners of each well, and the approximate date the construction of each well was completed. Completion dates of the ten wells must span the two-year time period. In addition, the applicant must provide notarized letters from three persons attesting to the length of time the applicant has been in the water well construction business as a major activity; or
(3) In lieu of the methods described in paragraphs (1) and (2) of this subsection, presentation to the council of satisfactory proof of equivalent value, which, at the council's option, may be accepted on an individual basis.", and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Satisfactory proof of two years' experience in the water well construction busi ness shall be made by presenting certified affidavits from one or more licensed water well contractors that the applicant has had at least two years of full-time water well con struction experience. The council may require additional references to evaluate the applicant's experience."
Section 3. Said part is further amended by striking in its entirety subparagraph (A) of paragraph (1) of Code Section 12-5-134, relating to standards applying to wells and boreholes, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) (i) The well should be located as far removed, and in a direction opposite to the ground water flow, from known or potential sources of pollutants as the general layout of the premises and surroundings pemt permits; however, prior to actual con struction, the water well contractor shall notify the county health department of the intent to drill a water well, providing such information as is required on forms pre pared by the council. The well shall not be located in areas subject to flooding unless the well casing extends at least two feet above the level of the highest known flood of record. AH Except as otherwise provided in division (ii) of this subparagraph, all new wells must be located at least the following horizontal distances from the follow ing structures:
{t) (I) Not less than ten feet from a sewer line; {} (II) Not less than 50 feet from a septic tank; {Hi) (III) Not less than 100 feet from a septic tank absorption field; {iv} (IV) Not less than 150 feet from a cesspool or seepage pit; and M (V) Not less than 100 feet from an animal or fowl enclosure, t

WEDNESDAY, FEBRUARY 24, 1988

1601

(ii) Any property owner may apply to the council for a variance of the distances cited in this subparagraph due to extenuating circumstances. The owner shall provide for the council written information explaining the need for a variance. The council, upon considering the information provided and any other information it deems neces sary, may issue a variance;".
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
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 substi tute.

HB 1629. By Representatives Coleman of the 118th, Twiggs of the 4th, Manner of the 131st and Couch of the 40th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the "Bus Passenger Safety Act," so as to provide for legislative findings; to change the provisions relating to defini tions; to provide that certain provisions will apply to railroad and rapid tran sit systems as well as to bus transportation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1678.

By Representative McKinney of the 35th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize the Department of Transportation, any county, and any municipality to lease property to any state or federal agency, county, or municipality without meeting certain requirements.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

Representative McDonald of the 12th District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

1602

JOURNAL OF THE HOUSE,

HB 1001 Do Pass

Respectfully submitted, /s/ McDonald of the 12th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1846 Do Pass HR 548 Do Pass, as Amended

SB 527 Do Pass SR 350 Do Pass

Respectfully submitted, /a/ Childers of the 15th
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 841 Do Pass SB 438 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
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 1375 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

WEDNESDAY, FEBRUARY 24, 1988

1603

Your Committee on Natural Resources and Environment 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 503 Do Pass SB 518 Do Pass HB 1794 Do Pass

HB 1851 Do Pass, as Amended SB 453 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Twiggs of the 4th 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 630 Do Pass HB 1353 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1843 Do Pass, by Substitute
Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1785 Do Pass SB 533 Do Pass
Respectfully submitted, /s/ Wilson of the 20th
Chairman

1604

JOURNAL OF 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 Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.